Common use of CitiMortgage liability Clause in Contracts

CitiMortgage liability. Notwithstanding any third-party servicing agreement, provisions of this agreement relating to agreements or arrangements between CitiMortgage and a third-party servicer, or reference to actions taken through a third-party servicer or otherwise, CitiMortgage will remain obligated and liable to the Trustee and the certificate holders for the servicing of the third-party mortgage loans in accordance with this agreement to the same extent as though CitiMortgage alone were servicing the third-party mortgage loans itself. All documents, instruments or contracts executed by third-party servicers on behalf of CitiMortgage will be treated by the Trustee as though executed by CitiMortgage itself. Any amounts received by a third-party servicer for a third-party mortgage loan will be deemed to have been received by CitiMortgage for purposes of this agreement. If a third-party servicer fails to remit any amounts it receives that are required to be transferred to the certificate account or an escrow account, CitiMortgage will transmit the required amounts to the account. Nothing in this agreement will limit any indemnification agreement between CitiMortgage and a third-party servicer, but the indemnification agreement will not diminish CitiMortgage’s obligations or liability under this agreement.

Appears in 19 contracts

Samples: Pooling Agreement (Citicorp Mortgage Securities Inc), Pooling Agreement (Citicorp Mortgage Securities Inc), Pooling Agreement (Citicorp Mortgage Securities Inc)

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CitiMortgage liability. Notwithstanding any third-party servicing agreement, provisions of this agreement relating to agreements or arrangements between CitiMortgage and a third-party servicer, or reference to actions taken through a third-party servicer or otherwise, CitiMortgage will remain obligated and liable to the Trustee and the certificate holders for the servicing of the third-party mortgage loans in accordance with this agreement to the same extent as though CitiMortgage alone were servicing the third-party mortgage loans itself. All documents, instruments or contracts executed by third-party servicers on behalf of CitiMortgage will be treated by the Trustee as though executed by CitiMortgage itself. Any amounts received by a third-party servicer for a third-party mortgage loan will 66 be deemed to have been received by CitiMortgage for purposes of this agreement. If a third-party servicer fails to remit any amounts it receives that are required to be transferred to the certificate account or an escrow account, CitiMortgage will transmit the required amounts to the account. Nothing in this agreement will limit any indemnification agreement between CitiMortgage and a third-party servicer, but the indemnification agreement will not diminish CitiMortgage’s obligations or liability under this agreement.

Appears in 1 contract

Samples: Pooling Agreement (Citicorp Mortgage Securities Inc)

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