Amendment of the Servicing Agreement. In connection with the transfer of the Mortgage Loans hereunder, the Servicer agrees that, from and after the date hereof, each Mortgage Loan transferred hereunder will be subject to, and serviced under, the Servicing Agreement, provided that, solely with respect to the Mortgage Loans transferred hereunder, (a) The definition of “Business Day” shall be amended by adding the words “Maryland, Minnesota” before the word “Washington.” (b) Section 3.2(a) of the Servicing Agreement shall be amended by inserting after the first reference to “Monthly Remittance Date,” the following: “and the Monthly Advance (if any) made with respect to the Due Period that commences in the same month in which such Monthly Remittance Date occurs,” (c) Section 6.1(x) of the Servicing Agreement, as amended by that certain Regulation AB Amendment to Servicing Agreement, dated as of April 1, 2006, shall be amended by replacing the words “which continues unremedied for ten calendar days” with the words “which continues unremedied for five calendar days”. (d) Section 8.6 of the Servicing Agreement, as amended by that certain Regulation AB Amendment to Servicing Agreement, dated as of April 1, 2006, shall be amended by replacing the words “On or before March 15 of each calendar year” with the words “On or before March 10 of each calendar year.” For the avoidance of doubt, the Servicing Agreement is not hereby amended with respect to any other mortgage loans serviced thereunder and shall remain in full force and effect in accordance with its terms with respect to such other mortgage loans. For purposes of this Section 7, capitalized terms used herein shall have the meanings assigned to such terms in the Servicing Agreement.
Appears in 3 contracts
Samples: Assignment, Assumption and Recognition Agreement (GSR Mortgage Loan Trust 2006-9f), Assignment, Assumption and Recognition Agreement (GSR Mortgage Loan Trust 2007-3f), Assignment, Assumption and Recognition Agreement (GSR Mortgage Loan Trust 2006-8f)
Amendment of the Servicing Agreement. In connection a. The Servicer, the Assignee and the Assignor hereby agree that the Servicing Agreement is amended to assign, transfer and set over all of the Assignor's right, title and interest to and under the Servicing Agreement to the Assignee and to remove the Assignor as a party thereto and furthermore, that the Servicing Agreement is amended by deleting in its entirety any occurrence of the language "Banc of America Mortgage Capital Corporation" and in each case replacing it with "Bank of America, N.A."
b. The Servicer, the Assignee and the Assignor hereby agree that the definition of "Pass-Through Transfer" in Article 1 of the Servicing Agreement is deleted in its entirety and replaced with the following: "Either (i) the sale or transfer of some or all of the Mortgage Loans hereunderby the Purchaser to a trust to be formed as part of a publicly issued or privately placed mortgage-backed securities transaction or (ii) a synthetic securitization in which some or all of the Mortgage Loans are included as part of the reference portfolio relating to such securitization."
c. The Servicer, the Assignee and the Assignor hereby agree that Section 4.6 of the Servicing Agreement is hereby amended by inserting the following language as subsection (c) thereof: "If the Servicer fails to furnish copies within the time period specified in Section 4.6(a), after the Owner has requested copies from the Credit File of a given Mortgage Loan as specified in that Section, and if the property secured by such Mortgage Loan subsequently becomes REO Property, the Servicer agrees that, from and after shall indemnify the date hereof, each Mortgage Loan transferred hereunder will be subject to, and serviced under, the Servicing Agreement, provided that, solely Owner for losses incurred with respect to such Mortgage Loan."
d. The Servicer, the Mortgage Loans transferred hereunder,
(a) The definition of “Business Day” shall be amended by adding Assignee and the words “Maryland, Minnesota” before the word “Washington.”
(b) Assignor hereby agree that Section 3.2(a4.6(a) of the Servicing Agreement shall be is hereby amended by inserting the following language as the last sentence thereof: "If requested by the Owner, the Servicer shall, at the Owner's sole expense and within sixty (60) days after the first reference Servicer receives such request, create an imaged copy on CD ROM or a xeroxed copy of the documents contained in the Credit File of any Mortgage Loan and deliver, or cause to “Monthly Remittance Date,” the following: “and the Monthly Advance (if any) made with respect be delivered, each such imaged or xeroxed copy to the Due Period that commences in Custodian or the same month in which such Monthly Remittance Date occurs,”
(c) Section 6.1(x) of the Servicing Agreement, as amended by that certain Regulation AB Amendment to Servicing Agreement, dated as of April 1, 2006, shall be amended by replacing the words “which continues unremedied for ten calendar days” with the words “which continues unremedied for five calendar days”Owner.
(d) Section 8.6 of the Servicing Agreement, as amended by that certain Regulation AB Amendment to Servicing Agreement, dated as of April 1, 2006, shall be amended by replacing the words “On or before March 15 of each calendar year” with the words “On or before March 10 of each calendar year.” For the avoidance of doubt, the Servicing Agreement is not hereby amended with respect to any other mortgage loans serviced thereunder and shall remain in full force and effect in accordance with its terms with respect to such other mortgage loans. For purposes of this Section 7, capitalized terms used herein shall have the meanings assigned to such terms in the Servicing Agreement."
Appears in 3 contracts
Samples: Master Assignment, Assumption and Recognition Agreement (Banc of America Funding Corp), Master Assignment, Assumption and Recognition Agreement (Banc of America Funding 2006-6 Trust), Master Assignment, Assumption and Recognition Agreement (Banc of America Funding 2006-J Trust)