Common use of Designation of a Master Servicer Clause in Contracts

Designation of a Master Servicer. Notwithstanding anything to the contrary contained in this Agreement, the Purchaser shall have the right, in its sole discretion, to appoint and designate (such action, the “Appointment”) a master servicer (a “Master Servicer”), as master service of some or all of the Mortgage Loans. Upon receipt of written notice of such Appointment from the Purchaser, the Company shall correspond and communicate solely with the Master Servicer, as if the Master Servicer were the Purchaser hereunder. Furthermore, the Master Servicer shall have all rights as designee of the Purchaser to enforce the representations and warranties, and all other covenants and conditions set forth in this Agreement, including without limitation, the right to indemnification, and the Company shall follow the instructions of the Master Servicer under this Agreement as if such instructions were the instructions of the Purchaser. The Master Servicer shall have the right to give any waivers or consents required or allowed under this Agreement on behalf of the Purchaser, and shall be empowered to enter into and execute and deliver any amendments or modifications to this Agreement as the Purchaser’s designee hereunder, and such amendments or modifications shall be binding upon the Purchaser as if the Purchaser had executed and delivered the same. All amounts due the Purchaser under this Agreement shall be remitted to the Master Servicer in accordance with the Master Servicer’s instructions. The Master Servicer shall not assume any of the liabilities of the Purchaser under this Agreement. The Company shall treat the Master Servicer as the Purchaser under this Agreement, unless and until the Company receives written notice from the Purchaser that the Purchaser has terminated the Master Servicer (such notice, the “Master Servicer Termination”). Upon receipt of tile Master Servicer Termination, the Company shall no longer recognize or deal with the Master Servicer as the Purchaser’s designee hereunder, but shall instead deal directly with the tile Purchaser, or such other designee appointed by the Purchaser.

Appears in 1 contract

Samples: Letter Agreement (Thornburg Mortgage Securities Trust 2005-4)

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Designation of a Master Servicer. Notwithstanding anything to The Purchaser hereby appoints and designates the contrary contained in this Agreement, the Purchaser shall have the right, in its sole discretion, to appoint and designate Master Servicer (such action, the “Appointment”) a master servicer (a “Master Servicer”), as master service of some or all of the Mortgage LoansLoans subject to this Agreement. Upon receipt of written notice of such Appointment from the Purchaser, the Company Countrywide shall correspond and communicate solely with the Master Servicer, as if the Master Servicer were the Purchaser hereunder. Furthermore, the Master Servicer shall have all rights as designee of the Purchaser to enforce the representations and warranties, and all other covenants covenants, and conditions set forth in this Agreement, including without limitation, the right to indemnification, and the Company Countrywide shall follow the instructions of the Master Servicer under this Agreement as if such instructions were the instructions of the Purchaser. The Master Servicer shall have the right to give any waivers or consents required or allowed under this Agreement on behalf of the Purchaser, and shall furthermore be empowered to enter into and execute and deliver any amendments or modifications to this Agreement as the Purchaser’s designee hereunder, and such amendments or modifications shall be binding upon the Purchaser as if the Purchaser had executed and delivered the samePurchaser. All amounts due the Purchaser under this Agreement hereunder shall be remitted to the Master Servicer in accordance with the Master Servicer’s instructions. The Master Servicer shall not assume any of the liabilities of the Purchaser under this Agreement; provided however, the Purchaser shall remain liable under the terms of this Agreement. The Company Countrywide shall treat the Master Servicer as the Purchaser under this Agreement, Agreement in accordance with the provisions of this Section unless and until the Company Countrywide receives written notice from the then current Purchaser under this Agreement that the then current Purchaser has terminated the Master Servicer (such notice, the “Master Servicer Termination”). Upon receipt of tile the Master Servicer Termination, the Company Countrywide shall no longer recognize or deal with the Master Servicer as the Purchaser’s designee hereunder, but shall instead deal directly with the tile then current Purchaser, or such other designee appointed by the PurchaserPurchaser by Appointment in accordance with this Section. Neither Countrywide nor any of the officers, employees or agents of Countrywide shall be under any liability to the Purchaser for any action taken, or for refraining from taking any action, in good faith pursuant to this Section 4.19, or for errors in judgment. Countrywide and any officer, employee or agent of Countrywide may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. This Section 4.19 shall be subject to the provisions of Section 8.7.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Zuni 2006-Oa1)

Designation of a Master Servicer. Notwithstanding anything to the contrary contained in this AgreementIn connection with a Pass-Through Transfer, an Agency Transfer or a Whole Loan Transfer, the Purchaser shall have the right, in its sole discretion, to appoint and designate (such action, the “Appointment”) a master servicer as shall be reasonably acceptable to the Seller/Servicer (a “Master Servicer”), as master service servicer of some or all of the Mortgage LoansLoans then subject to this Agreement. Accordingly, the Seller/Servicer shall service to, remit to, and report to, the Master Servicer, all in accordance with the terms of the Reconstitution Agreement, and the servicing provisions set forth in this Agreement as they may be amended by the Reconstitution Agreement. Upon receipt of written notice of such Appointment from the PurchaserAppointment, the Company Seller/Servicer shall correspond and communicate solely with the Master Servicer, as if the Master Servicer were the Purchaser “Purchaser” hereunder. Furthermore, the Master Servicer shall have all rights as designee of the Purchaser to enforce the representations and warranties, and all other covenants and conditions set forth in this Agreement and not superseded by the Reconstitution Agreement, including without limitation, the right to indemnification, and the Company Seller/Servicer shall follow the instructions of the Master Servicer under this Agreement as if such instructions were the instructions of the Purchaser. The Master Servicer shall have the right to give any waivers or consents required or allowed under this Agreement on behalf of the Purchaser, and shall furthermore be empowered to enter into and execute and deliver any amendments or modifications to this Agreement as the Purchaser’s designee hereunder, and such amendments or modifications shall be binding upon the Purchaser as if the Purchaser had executed and delivered the same. All amounts due the Purchaser under this Agreement shall be remitted to the Master Servicer in accordance with the Master Servicer’s instructions. The Master Seller/Servicer shall not assume any of service the liabilities of Mortgage Loans in accordance with this Agreement as amended by the Purchaser under this Reconstitution Agreement. The Company , and shall treat the Master Servicer as the Purchaser under this Agreement, Agreement in accordance with the provisions of this Section unless and until the Company Seller/Servicer receives written notice from the then current Purchaser under this Agreement that the then current Purchaser has terminated the Master Servicer (such notice, the “Master Servicer Termination”). Upon receipt of tile the Master Servicer Termination, the Company Seller/Servicer shall no longer recognize or deal with the Master Servicer as the Purchaser’s designee hereunder, but shall instead deal directly with the tile Purchaser, then current Purchaser or such other designee appointed by the PurchaserPurchaser by Appointment in accordance with this Section.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

Designation of a Master Servicer. Notwithstanding anything to the contrary contained in this Agreement, the Purchaser shall have the right, in its sole discretion, to appoint and designate (such action, the “Appointment”) a master servicer (a “Master Servicer”), as master service servicer of some or all of the Mortgage Loans. Upon receipt of written notice of such Appointment from the Purchaser, the Company shall correspond and communicate solely with the Master Servicer, as if the Master Servicer were the Purchaser hereunder. Furthermore, the Master Servicer shall have all rights as designee of the Purchaser to enforce the representations and warranties, and all other covenants and conditions set forth in this Agreement, including without limitation, the right to indemnification, and the Company shall follow the instructions of the Master Servicer under this Agreement as if such instructions were the instructions of the Purchaser. The Master Servicer shall have the right to give any waivers or consents required or allowed under this Agreement on behalf of the Purchaser, and shall be empowered to enter into and execute and deliver any amendments or modifications to this Agreement as the Purchaser’s designee hereunder, and such amendments or modifications shall be binding upon the Purchaser as if the Purchaser had executed and delivered the same. All amounts due the Purchaser under this Agreement shall be remitted to the Master Servicer in accordance with the Master Servicer’s instructions. The Master Servicer shall not assume any of the liabilities of the Purchaser under this Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Purchaser shall have the right, in its sole discretion, to appoint and designate (such action, the “Appointment”) a master servicer (a “Master Servicer”), as master servicer of some or all of the Mortgage Loans. Upon receipt of written notice of such Appointment from the Purchaser, the Company shall correspond and communicate solely with the Master Servicer, as if the Master Servicer were the Purchaser hereunder. Furthermore, the Master Servicer shall have all rights as designee of the Purchaser to enforce the representations and warranties, and all other covenants and conditions set forth in this Agreement, including without limitation, the right to indemnification, and the Company shall follow the instructions of the Master Servicer under this Agreement as if such instructions were the instructions of the Purchaser. The Master Servicer shall have the right to give any waivers or consents required or allowed under this Agreement on behalf of the Purchaser, and shall be empowered to enter into and execute and deliver any amendments or modifications to this Agreement as the Purchaser’s designee hereunder, and such amendments or modifications shall be binding upon the Purchaser as if the Purchaser had executed and delivered the same. All amounts due the Purchaser under this Agreement shall be remitted to the Master Servicer in accordance with the Master Servicer’s instructions. The Master Servicer shall not assume any of the liabilities of the Purchaser under this Agreement. The Company shall treat the Master Servicer as the Purchaser under this Agreement, unless and until the Company receives written notice from the Purchaser that the Purchaser has terminated the Master Servicer (such notice, the “Master Servicer Termination”). Upon receipt of tile the Master Servicer Termination, the Company shall no longer recognize or deal with the Master Servicer as the Purchaser’s designee hereunder, but shall instead deal directly with the tile the Purchaser, or such other designee appointed by the Purchaser.

Appears in 1 contract

Samples: Letter Agreement (Greenwich Capital Acceptance Inc)

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Designation of a Master Servicer. Notwithstanding anything to The Purchaser hereby appoints and designates the contrary contained in this Agreement, the Purchaser shall have the right, in its sole discretion, to appoint and designate Master Servicer (such action, the "Appointment") a master servicer (a “Master Servicer”), as master service of some or all of the Mortgage LoansLoans subject to this Agreement. Upon receipt of written notice of such Appointment from the Purchaser, the Company Countrywide shall correspond and communicate solely with the Master Servicer, as if the Master Servicer were the Purchaser hereunder. Furthermore, the Master Servicer shall have all rights as designee of the Purchaser to enforce the representations and warranties, and all other covenants covenants, and conditions set forth in this Agreement, including without limitation, the right to indemnification, and the Company Countrywide shall follow the instructions of the Master Servicer under this Agreement as if such instructions were the instructions of the Purchaser. The Master Servicer shall have the right to give any waivers or consents required or allowed under this Agreement on behalf of the Purchaser, and shall furthermore be empowered to enter into and execute and deliver any amendments or modifications to this Agreement as the Purchaser’s 's designee hereunder, and such amendments or modifications shall be binding upon the Purchaser as if the Purchaser had executed and delivered the samePurchaser. All amounts due the Purchaser under this Agreement hereunder shall be remitted to the Master Servicer in accordance with the Master Servicer’s 's instructions. The Master Servicer shall not assume any of the liabilities of the Purchaser under this Agreement; provided however, the Purchaser shall remain liable under the terms of this Agreement. The Company Countrywide shall treat the Master Servicer as the Purchaser under this Agreement, Agreement in accordance with the provisions of this Section unless and until the Company Countrywide receives written notice from the then current Purchaser under this Agreement that the then current Purchaser has terminated the Master Servicer (such notice, the "Master Servicer Termination"). Upon receipt of tile the Master Servicer Termination, the Company Countrywide shall no longer recognize or deal with the Master Servicer as the Purchaser’s 's designee hereunder, but shall instead deal directly with the tile then current Purchaser, or such other designee appointed by the PurchaserPurchaser by Appointment in accordance with this Section. Neither Countrywide nor any of the officers, employees or agents of Countrywide shall be under any liability to the Purchaser for any action taken, or for refraining from taking any action, in good faith pursuant to this Section 4.19, or for errors in judgment. Countrywide and any officer, employee or agent of Countrywide may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. This Section 4.19 shall be subject to the provisions of Section 8.7.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Structured Asset Mortgage Investments Ii Inc)

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