Covenants of the Master Servicer. The Master Servicer covenants to the Depositor and the Trustee as follows: (a) it shall comply in the performance of its obligations under this Agreement; (b) no written information, certificate of an officer, statement furnished in writing (provided that for purposes of the Master Servicer's covenant hereunder, exclusive of the annual compliance certificates and accountants' reports of the Master Servicer delivered by the Master Servicer pursuant to Section 3.18) or written report prepared by the Master Servicer pursuant to this Agreement and delivered to the Depositor, any affiliate of the Depositor or the Trustee will contain any untrue statement of a material fact or omit to state a material fact necessary to make the information, certificate, statement or report not misleading; and (c) the Master Servicer shall accurately and fully provide information regarding payment performance of the Mortgagors to the nationally recognized credit repositories, to the extent such reporting remains customary and prudent in the servicing of mortgage loans similar to the Mortgage Loans. Nothing in this Section shall derogate from the obligation of the Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, and the failure of the Master Servicer to provide access as provided in this Section as a result of such obligation shall not constitute a breach of this Section.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Bsabs 2005-1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-2), Pooling and Servicing Agreement (Bsabs 2005-1)
Covenants of the Master Servicer. The Master Servicer hereby covenants to the Depositor Depositor, the Securities Administrator and the Trustee as follows:
(a) it shall comply in the performance of its obligations under this AgreementAgreement with all reasonable rules and requirements of the insurer under each Required Insurance Policy;
(b) no written information, certificate of an officer, statement furnished in writing (provided that for purposes of the Master Servicer's covenant hereunder, exclusive of the annual compliance certificates and accountants' reports of the Master Servicer delivered by the Master Servicer pursuant to Section 3.18) or written report prepared by the Master Servicer pursuant to this Agreement and delivered to the Securities Administrator, the Depositor, any affiliate of the Depositor or the Trustee and prepared by such Master Servicer pursuant to this Agreement will contain any untrue statement of a material fact or omit to state a material fact necessary to make the information, certificate, statement or report not misleading; and
(c) the Master Servicer it shall accurately and fully provide information regarding payment performance of the Mortgagors to the nationally recognized credit repositories, to the extent such reporting remains customary and prudent in the servicing of mortgage loans similar to the Mortgage Loans. Nothing in this Section shall derogate from the obligation of the Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, Mortgagors and the failure of the Master Servicer to provide access as provided in this Section as a result of such obligation shall not constitute a breach of this Section.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Covenants of the Master Servicer. The Master Servicer covenants to the Depositor Depositor, the Securities Administrator and the Trustee Trustee, as follows:
(ai) it shall comply in the performance of its obligations under this Agreement;
(bii) no written information, certificate of an officer, statement furnished in writing (provided that for purposes of the Master Servicer's covenant hereunder, exclusive of the annual compliance certificates and accountants' reports of the Master Servicer delivered by the Master Servicer pursuant to Section 3.18) or written report prepared by the Master Servicer pursuant to this Agreement and delivered to the Securities Administrator, the Depositor, any affiliate of the Depositor or the Trustee will contain any untrue statement of a material fact or omit to state a material fact necessary to make the information, certificate, statement or report not misleading; and
(ciii) the Master Servicer it shall (only in its capacity as successor servicer pursuant to a Servicing Agreement) accurately and fully provide information regarding payment performance of the Mortgagors to the nationally recognized credit repositories, to the extent such reporting remains customary and prudent in the servicing of mortgage loans similar to the Mortgage Loans. Nothing in this Section shall derogate from the obligation of the Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, and the failure of the Master Servicer to provide access as provided in this Section as a result of such obligation shall not constitute a breach of this Section.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar8), Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar8)
Covenants of the Master Servicer. (a). The Master Servicer covenants to the Depositor Depositor, the Securities Administrator and the Trustee Trustee, as follows:
(ai) it shall comply in the performance of its obligations under this Agreement;
(bii) no written information, certificate of an officer, statement furnished in writing (provided that for purposes of the Master Servicer's covenant hereunder, exclusive of the annual compliance certificates and accountants' reports of the Master Servicer delivered by the Master Servicer pursuant to Section 3.18) or written report prepared by the Master Servicer pursuant to this Agreement and delivered to the Securities Administrator, the Depositor, any affiliate of the Depositor or the Trustee will contain any untrue statement of a material fact or omit to state a material fact necessary to make the information, certificate, statement or report not misleading; and
(ciii) it shall (only in its capacity as successor servicer pursuant to the Master Servicer shall Countrywide Servicing Agreement) accurately and fully provide information regarding payment performance of the Mortgagors to the nationally recognized credit repositories, to the extent such reporting remains customary and prudent in the servicing of mortgage loans similar to the Mortgage Loans. Nothing in this Section shall derogate from the obligation of the Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, and the failure of the Master Servicer to provide access as provided in this Section as a result of such obligation shall not constitute a breach of this Section.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II 2005-Ar4)
Covenants of the Master Servicer. The Master Servicer covenants to the Depositor and the Trustee as follows:
(a) it shall comply in the performance of its obligations under this Agreement;
(b) no written information, certificate of an officer, statement furnished in writing (provided that for purposes of the Master Servicer's covenant hereunder, exclusive of the annual compliance certificates and accountants' reports of the Master Servicer delivered by the Master Servicer pursuant to Section 3.18) or written report prepared by the Master Servicer pursuant to this Agreement and delivered to the Depositor, any affiliate of the Depositor or the Trustee will contain any untrue statement of a material fact or omit to state a material fact necessary to make the information, certificate, statement or report not misleading; and
(c) the Master Servicer shall accurately and fully provide information regarding payment performance of the Mortgagors to the nationally recognized credit repositories, to the extent such reporting remains customary and prudent in the servicing of mortgage loans similar to the Mortgage Loans. Nothing in this Section shall derogate from the obligation of the Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, Mortgagors and the failure of the Master Servicer to provide access as provided in this Section as a result of such obligation shall not constitute a breach of this Section.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Series 2004 1)
Covenants of the Master Servicer. The Master Servicer covenants to the Depositor and the Trustee as follows:
(a) it shall comply in the performance of its obligations under this Agreement;
; (b) no written information, certificate of an officer, statement furnished in writing (provided that for purposes of the Master Servicer's covenant hereunder, exclusive of the annual compliance certificates and accountants' reports of the Master Servicer delivered by the Master Servicer pursuant to Section 3.18) or written report prepared by the Master Servicer pursuant to this Agreement and delivered to the Depositor, any affiliate of the Depositor or the Trustee will contain any untrue statement of a material fact or omit to state a material fact necessary to make the information, certificate, statement or report not misleading; and
and (c) the Master Servicer shall accurately and fully provide information regarding payment performance of the Mortgagors to the nationally recognized credit repositories, to the extent such reporting remains customary and prudent in the servicing of mortgage loans similar to the Mortgage Loans. Nothing in this Section shall derogate from the obligation of the Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, Mortgagors and the failure of the Master Servicer to provide access as provided in this Section as a result of such obligation shall not constitute a breach of this Section.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2004-2)
Covenants of the Master Servicer. The Master Servicer covenants to the Depositor Depositor, the Securities Administrator and the Trustee as follows:
(a) it shall comply in the performance of its obligations under this Agreement;
(b) no written information, certificate of an officer, statement furnished in writing (provided that for purposes of the Master Servicer's covenant hereunder, exclusive of the other than annual compliance certificates and annual accountants' reports of the Master Servicer Servicers delivered by the Master Servicer pursuant to Section 3.18) or written report prepared by the Master Servicer pursuant to this Agreement and delivered delivered, in the case of the Master Servicer, to the Securities Administrator, the Depositor, any affiliate of the Depositor or the Trustee will contain any untrue statement of a material fact or omit to state a material fact necessary to make the information, certificate, statement or report not misleading; and
(c) it shall (in the case of the Master Servicer shall Servicer, only in its capacity as successor servicer pursuant to a Servicing Agreement) accurately and fully provide information regarding payment performance of the Mortgagors to the nationally recognized credit repositories, to the extent such reporting remains customary and prudent in the servicing of mortgage loans similar to the Mortgage Loans. Nothing in this Section shall derogate from the obligation of the Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, Mortgagors and the failure of the Master Servicer to provide access as provided in this Section as a result of such obligation shall not constitute a breach of this Section.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2007-Sd2)