Common use of Collection of Mortgage Loan Payments; Collection Account; Distribution Account Clause in Contracts

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices the customary and usual standards of practice of prudent mortgage servicers to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance PolicyAgreement. Consistent with the foregoing, and subject to the provisions of Section 3.1 hereof, the Servicer may in its discretion (i) waive any late payment charge or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Cut Off Date. In the event of any such arrangement, subject any P&I Advance required to Section 4.01, be made by the Servicer shall make any Advances on the related Mortgage Loan during in accordance with the scheduled period provisions hereof (i) with respect to the Prepayment Period in which such arrangement became effective shall be made in accordance with the amortization schedule of such Mortgage Loan without giving effect to the modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; arrangements and (ii) Assertion with respect to any Prepayment Period thereafter shall be made in accordance with the amortization schedule of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related such Mortgage LoanLoan as so modified. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. The Servicer shall comply with the provisions of Section 3.21 hereof with respect to each Prepayment Penalty related to the Mortgage Loans.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices the customary and usual standards of practice of prudent mortgage servicers to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance PolicyAgreement. Consistent with the foregoing, and subject to the provisions of Section 3.1 hereof, the Servicer may in its discretion (i) waive any late payment charge or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Off off Date. In the event of any such arrangement, subject any P&I Advance required to Section 4.01, be made by the Servicer shall make any Advances on the related Mortgage Loan during in accordance with the scheduled period provisions hereof (i) with respect to the Prepayment Period in which such arrangement became effective shall be made in accordance with the amortization schedule of such Mortgage Loan without giving effect to the modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; arrangements and (ii) Assertion with respect to any Prepayment Period thereafter shall be made in accordance with the amortization schedule of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related such Mortgage LoanLoan as so modified. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. The Servicer shall comply with the provisions of Section 3.21 hereof with respect to each Prepayment Penalty related to the Mortgage Loans.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted the Servicing Practices Standard to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance PolicyAgreement. Consistent with the foregoing, and subject to the provisions of Section 3.1 hereof, the Servicer may in its discretion (i) waive any late payment charge or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Off Date. In the event of any such arrangement, subject any Advance required to Section 4.01, be made by the Servicer shall make any Advances on the related Mortgage Loan during in accordance with the scheduled period provisions hereof (i) with respect to the Prepayment Period in which such arrangement became effective shall be made in accordance with the amortization schedule of such Mortgage Loan without giving effect to the modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; arrangements and (ii) Assertion with respect to any Prepayment Period thereafter shall be made in accordance with the amortization schedule of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related such Mortgage LoanLoan as so modified. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. The Servicer shall comply with the provisions of Section 3.21 hereof with respect to each Prepayment Penalty related to the Mortgage Loans.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices the customary and usual standards of practice of prudent mortgage servicers to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion (i) waive any late payment charge or any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Off off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan in accordance with the provisions of Section 4.01 during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted the Servicing Practices Standard to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance PolicyAgreement. Consistent with the foregoing, and subject to the provisions of Section 3.1 hereof, the Servicer may in its discretion (i) waive any late payment charge or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Off off Date. In the event of any such arrangement, subject any Advance required to Section 4.01, be made by the Servicer shall make any Advances on the related Mortgage Loan during in accordance with the scheduled period provisions hereof (i) with respect to the Prepayment Period in which such arrangement became effective shall be made in accordance with the amortization schedule of such Mortgage Loan without giving effect to the modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; arrangements and (ii) Assertion with respect to any Prepayment Period thereafter shall be made in accordance with the amortization schedule of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related such Mortgage LoanLoan as so modified. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. The Servicer shall comply with the provisions of Section 3.21 hereof with respect to each Prepayment Penalty related to the Mortgage Loans.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion (i) waive any late payment charge or any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan (provided that the Servicer shall not waive any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan without the prior written consent of the Holders of the Class P Certificate or, after the issuance of notes pursuant to an Indenture, the written consent of the NIMs Insurer (which consent shall be automatically deemed to have been given in the case of certain waivers specified by the NIMs Insurer and the Servicer at the time such Indenture is executed); provided, further, that if the Holder of the Class P Certificate does not respond within 3 Business Days after notice from the Servicer, the Holder of the Class P Certificate shall be deemed to have consented to any action taken by the Servicer with respect to such prepayment charges or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion (i) waive any late payment charge or any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan (provided that the Servicer shall not waive any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan without the prior written consent of the Holders of the Class P Certificate or, after the issuance of notes pursuant to an Indenture, the written consent of the NIMs Insurer (which consent shall be automatically deemed to have been given in the case of certain waivers specified by the NIMs Insurer and the Servicer at the time such Indenture is executed)); provided, further, that if the Holder of the Class P Certificate does not respond within 3 Business Days after notice from the Servicer, the Holder of the Class P Certificate shall be deemed to have consented to any action taken by the Servicer with respect to such prepayment charges or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion (i) waive any late payment charge or any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan (provided that the Servicer shall not waive any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan without the prior written consent of the Holders of the Class P Certificate or, after the issuance of notes pursuant to an Indenture, the written consent of the NIMs Insurer (which consent shall be automatically deemed to have been given in the case of certain waivers specified by the NIMs Insurer and the Servicer at the time such Indenture is executed); provided, further, that if the Holder of the Class P Certificate does not respond within 3 Business Days after notice from the Servicer, the Holder of the Class P Certificate shall be deemed to have consented to any action taken by the Servicer with respect to such prepayment charges or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off DateDate (in the case of the Initial Mortgage Loans) or the Subsequent Cut-Off Date (in the case of the Subsequent Mortgage Loans). In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices the customary and usual standards of practice of prudent mortgage servicers to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance PolicyAgreement. Consistent with the foregoing, the Servicer may in its discretion (i) waive any late payment charge or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Cut Off Date. In the event of any such arrangement, subject any P&I Advance required to Section 4.01, be made by the Servicer shall make any Advances on the related Mortgage Loan during in accordance with the scheduled period provisions hereof (i) with respect to the Prepayment Period in which such arrangement became effective shall be made in accordance with the amortization schedule of such Mortgage Loan without giving effect to the modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; arrangements and (ii) Assertion with respect to any Prepayment Period thereafter shall be made in accordance with the amortization schedule of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related such Mortgage LoanLoan as so modified. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. The Servicer shall comply with the provisions of Section 3.21 hereof with respect to each Prepayment Penalty related to the Mortgage Loans.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.following

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices the customary and usual standards of practice of prudent mortgage servicers to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion (i) waive any late payment charge or any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Off off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan in accordance with the provisions of Section 4.1 during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices the customary and usual standards of practice of prudent mortgage servicers to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance PolicyAgreement. Consistent with the foregoing, and subject to the provisions of Section 3.1 hereof, the Servicer may in its discretion (i) waive any late payment charge or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Off Date. In the event of any such arrangement, subject any Advance required to Section 4.01, be made by the Servicer shall make any Advances on the related Mortgage Loan during in accordance with the scheduled period provisions hereof (i) with respect to the Prepayment Period in which such arrangement became effective shall be made in accordance with the amortization schedule of such Mortgage Loan without giving effect to the modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; arrangements and (ii) Assertion with respect to any Prepayment Period thereafter shall be made in accordance with the amortization schedule of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related such Mortgage LoanLoan as so modified. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. The Servicer shall comply with the provisions of Section 3.21 hereof with respect to each Prepayment Penalty related to the Mortgage Loans.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion (i) waive any late payment charge or any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan and (provided that the Servicer shall not waive any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan without the prior written consent of the Servicer (provided that the Servicer shall grant such consent only after obtaining the written consent of the Holders of the Class P Certificate or, after the issuance of the notes pursuant to an Indenture, the written consent of the NIMs Insurer (which consent shall be automatically deemed to have been given in the case of certain waivers specified by the NIMs Insurer and the Servicer at the time such Indenture is executed)); provided, further, that if the Holder of the Class P Certificates does not respond within 3 Business Days after notice from the Servicer, the Holder of the Class P Certificates shall be deemed to have consented to any action taken by the Servicer with respect to such prepayment charges or penalty interest) and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable [reasonable] efforts in accordance with Accepted Servicing Practices the [customary and usual standards of practice of prudent mortgage servicers] to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance PolicyAgreement. Consistent with the foregoing, and subject to the provisions of Section 3.1 hereof, the Servicer may in its discretion (i) waive any late payment charge or penalty interest and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 180 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Cut Off Date. In the event of any such arrangement, subject any P&I Advance required to Section 4.01, be made by the Servicer shall make any Advances on the related Mortgage Loan during in accordance with the scheduled period provisions hereof [(i) with respect to the Prepayment Period in which such arrangement became effective shall be made in accordance with the amortization schedule of such Mortgage Loan without giving effect to the modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; arrangements and (ii) Assertion with respect to any Prepayment Period thereafter shall be made in accordance with the amortization schedule of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related such Mortgage Loan. Loan as so modified.] The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. The Servicer shall comply with the provisions of Section 3.21 hereof with respect to each Prepayment Penalty related to the Mortgage Loans.

Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Continuously from the date hereof until the principal and interest on all Mortgage Loans are paid in full, the Master Servicer shall make reasonable efforts will proceed diligently, in accordance with Accepted Servicing Practices this Agreement, to collect all payments called for due under the terms and provisions each of the Mortgage Loans when the same shall become due and payable. Further, the Master Servicer will in accordance with all applicable law and Customary Servicing Procedures ascertain and estimate taxes, assessments, fire and hazard insurance premiums, mortgage insurance premiums and all other charges that, as provided in any Mortgage, will become due and payable to the extent end that the installments payable by the Mortgagors will be sufficient to pay such procedures shall be consistent with this Agreement charges as and the terms when they become due and provisions of any related Required Insurance Policypayable. Consistent with the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 270 120 days; provided, however, that the NIMs Insurer's prior written consent shall be required for Master Servicer cannot extend the maturity of any modification, waiver or amendment if such Mortgage Loan past the aggregate number of outstanding date on which the final payment is due on the latest maturing Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans Loan as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Master Servicer shall make any Monthly Advances on the related Mortgage Loan in accordance with the provisions of Section 3.20 during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance; (iii) Mortgagor hardship due to an External Life Event; or (iv) to avoid or resolve active, pending or threatened litigation involving the related Mortgage Loan. The Master Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.