Common use of Assumption by Trustee Clause in Contracts

Assumption by Trustee. (a) In the event the Master Servicer shall for any reason no longer be the Master Servicer (including by reason of any Event of Master Servicer Default under this Agreement), the Trustee shall have the right to appoint a Successor Master Servicer, who shall assume all of the Master Servicer’s rights, duties and obligations hereunder. Until such Successor Master Servicer is appointed, the Trustee shall assume all of the rights and obligations of the Master Servicer hereunder (including the right to receive the Master Servicing Fee hereunder) in accordance with Section 4.17(a); provided, however, the Trustee shall not be required to make any of the representations or warranties in Section 3.01 hereof. The Trustee, its designee or any Successor Master Servicer appointed by the Trustee shall be deemed to have assumed all of the Master Servicer’s interest herein. The Trustee shall determine the Master Servicing Fee Rate applicable to a Successor Master Servicer (other than the Trustee in such capacity), such Master Servicing Fee Rate not to exceed the Maximum Master Servicing Fee Rate.

Appears in 12 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-A), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)

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Assumption by Trustee. (a) In the event the Master Servicer shall for any reason no longer be the Master Servicer (including by reason of any Event of Master Servicer Default under this Agreement), the Trustee shall have the right to appoint a Successor Master Servicer, who shall assume all of the Master Servicer’s rights, duties and obligations hereunder. Until such Successor Master Servicer is appointed, the Trustee shall assume all of the rights and obligations of the Master Servicer hereunder (including the right to receive the Master Servicing Fee hereunder) in accordance with Section 4.17(a); provided, however, the Trustee shall not be required to make any of the representations or warranties in Section 3.01 hereof. The Trustee, its designee or any Successor Master Servicer appointed by the Trustee shall be deemed to have assumed all of the Master Servicer’s interest herein. The Trustee shall determine the Master Servicing Fee Rate applicable to a Successor Master Servicer (other than the Trustee in such capacity), such Master Servicing Fee Rate not to exceed the Maximum Master Servicing Fee Rate.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Securities Co LLC), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C), Pooling and Servicing Agreement (BLG Securities Company, LLC)

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Assumption by Trustee. (a) In the event the Master Servicer shall for any reason no longer be the Master Servicer (including by reason of any Event of Master Servicer Default under this Agreement), the Trustee shall have the right to appoint a Successor Master Servicer, who shall assume all of the Master Servicer’s rights, duties and obligations hereunder. Until If no such Successor Master Servicer is appointedappointed within 60 days, the Trustee shall thereupon assume all of the rights and obligations of the Master Servicer hereunder (including the right to receive the Master Servicing Fee hereunder) in accordance with Section 4.17(a); provided, however, the Trustee shall not be required to make any of the representations or warranties in Section 3.01 hereof. The Trustee, its designee or any Successor Master Servicer appointed by the Trustee shall be deemed to have assumed all of the Master Servicer’s interest herein. The Trustee shall determine the Master Servicing Fee Rate applicable to a Successor Master Servicer (other than the Trustee in such capacity), such Master Servicing Fee Rate not to exceed the Maximum Master Servicing Fee Rate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Securities Co LLC)

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