Common use of Additional Representations and Warranties of Subservicer Clause in Contracts

Additional Representations and Warranties of Subservicer. (a) The Subservicer represents to TMHL, the Master Servicer and to any Depositor, as of the date on which information is first provided to TMHL, the Master Servicer or any Depositor under Section 3.3 that, except as disclosed in writing to TMHL, the Master Servicer or such Depositor prior to such date: (i) the Subservicer is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Subservicer; (ii) the Subservicer has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Subservicer as servicer has been disclosed or reported by the Subservicer; (iv) no material changes to the Subservicer’s policies or procedures with respect to the servicing function it will perform under the Agreement for mortgage loans of a type similar to the Securitized Loans have occurred during the three-year period immediately preceding the related Securitization Transaction; (v) there are no aspects of the Subservicer’s financial condition that could have a material adverse effect on the performance by the Subservicer of its servicing obligations under the Agreement; (vi) the Subservicer does not utilize any subservicers; (vii) the Subservicer does not utilize any Subcontractors except for those identified in writing to TMHL pursuant to Section 3.6; (viii) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Subservicer; and (ix) there are no affiliations, relationships or transactions relating to the Subservicer with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB. When used herein, the term “servicing” shall also mean “subservicing.”

Additional Representations and Warranties of Subservicer. (a) The Subservicer represents to TMHL, the Master Servicer and to any Depositor, as of the date on which information is first provided to TMHL, the Master Servicer or any Depositor under Section 3.3 that, except as disclosed in writing to TMHL, the Master Servicer or such Depositor prior to such date: (i) the Subservicer is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Subservicer; (ii) the Subservicer has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Subservicer as servicer has been disclosed or reported by the Subservicer; (iv) no material changes to the Subservicer’s 's policies or procedures with respect to the servicing function it will perform under the Agreement for mortgage loans of a type similar to the Securitized Loans have occurred during the three-year period immediately preceding the related Securitization Transaction; (v) there are no aspects of the Subservicer’s 's financial condition that could have a material adverse effect on the performance by the Subservicer of its servicing obligations under the Agreement; (vi) the Subservicer does not utilize any subservicers; (vii) the Subservicer does not utilize any Subcontractors except for those identified in writing to TMHL pursuant to Section 3.6; (viii) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Subservicer; and (ix) there are no affiliations, relationships or transactions relating to the Subservicer with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB. When used herein, the term “servicing” shall also mean “subservicing.”