Common use of Discretion of the Servicer in Responding to Defaults of Borrower Clause in Contracts

Discretion of the Servicer in Responding to Defaults of Borrower. Upon the occurrence of an event of default under any of the Asset Documents, but subject to the other terms and conditions of this Agreement, including the Servicing Obligations of the Servicer and such direction as the Manager may otherwise provide that is consistent with the Servicer’s compliance with the Servicing Standard, the Servicer, with the consent of the Manager, will determine the response to such default and the course of action with respect to such default, including (a) the selection of attorneys to be used in connection with any action, whether judicial or otherwise, to protect the interests of the Company in the Asset and the Collateral, (b) the declaration and recording of a notice of such default and the acceleration of the maturity of the Loan, (c) the institution of proceedings to foreclose the Asset Documents, Collateral or Acquired Property securing the Loan pursuant to the power of sale contained therein or through a judicial action, or to appoint a receiver, (d) the institution of proceedings against the Borrower or any Obligor, (e) the acceptance of a deed in lieu of foreclosure, (f) the purchase of the real property Collateral at a foreclosure sale or trustee’s sale or the purchase of the personal property Collateral at a UCC sale, (g) the institution or continuation of proceedings to obtain a deficiency judgment against such Borrower or any Obligor and the collection of such judgment, and (h) subject to Section 4.3, the engagement of any JDC Contractor to service a JDC Loan. Notwithstanding anything to the contrary contained herein, but subject to Section 5.7, the Servicer must not, in connection with any such default or otherwise, take (or refrain from taking) any action if the taking (or refraining from taking) of such action is inconsistent with the terms of the LLC Operating Agreement or any other Transaction Documents without the prior written consent of the Manager.

Discretion of the Servicer in Responding to Defaults of Borrower. Upon the occurrence of an event of default under any of the Asset Loan Documents, but subject to the other terms and conditions of this Agreement, including the Servicing Obligations of the Servicer and such direction as the Manager may otherwise provide that is consistent with the Servicer’s compliance with the Servicing Standard, the Servicer, with the consent of the Manager, will determine shall cause to be determined the response to such default and the course of action with respect to such default, including (a) the selection of attorneys to be used in connection with any action, whether judicial or otherwise, to protect the interests of the Company in the Asset Loan and the Underlying Collateral, (b) the declaration and recording of a notice of such default and the acceleration of the maturity of the Loan, (c) the institution of proceedings to foreclose the Asset Loan Documents, Underlying Collateral or Acquired Property securing the Loan pursuant to the power of sale contained therein or through a judicial action, or to appoint a receiver, (d) the institution of proceedings against the Borrower or any Obligor, (e) the acceptance of a deed in lieu of foreclosure, (f) the purchase of the real property Underlying Collateral at a foreclosure sale or trustee’s sale or the purchase of the personal property Underlying Collateral at a UCC Uniform Commercial Code sale, and (g) the institution or continuation of proceedings to obtain a deficiency judgment against such Borrower or any Obligor and the collection of such judgment, and (h) subject to Section 4.3, the engagement of any JDC Contractor to service a JDC Loan. Notwithstanding anything to the contrary contained herein, but subject to Section 5.7, the Servicer must shall not, in connection with any such default or otherwise, take (or refrain from taking) any action if the taking (or refraining from taking) of such action is inconsistent with the terms of the LLC Operating Agreement or any other Transaction Ancillary Documents without the prior written consent of the Manager.

Discretion of the Servicer in Responding to Defaults of Borrower. Upon the occurrence of an event of default under any of the Asset Loan Documents, but subject to the other terms and conditions of this Agreement, including the Servicing Obligations of the Servicer and such direction as the Manager may otherwise provide that is consistent with the Servicer’s compliance with the Servicing Standard, the Servicer, with the consent of the Manager, will determine shall cause to be determined the response to such default and the course of action with respect to such default, including (a) the selection of attorneys to be used in connection with any action, whether judicial or otherwise, to protect the interests of the Company in the Asset Loan and the Collateral, (b) the declaration and recording of a notice of such default and the acceleration of the maturity of the Loan, (c) the institution of proceedings to foreclose the Asset Loan Documents, Collateral or Acquired Property securing the Loan pursuant to the power of sale contained therein or through a judicial action, or to appoint a receiver, (d) the institution of proceedings against the Borrower or any Obligor, (e) the acceptance of a deed in lieu of foreclosure, (f) the purchase of the real property Collateral at a foreclosure sale or trustee’s sale or the purchase of the personal property Collateral at a UCC Uniform Commercial Code sale, and (g) the institution or continuation of proceedings to obtain a deficiency judgment against such Borrower or any Obligor and the collection of such judgment, and (h) subject to Section 4.3, the engagement of any JDC Contractor to service a JDC Loan. Notwithstanding anything to the contrary contained herein, but subject to Section 5.7, the Servicer must shall not, in connection with any such default or otherwise, take (or refrain from taking) any action if the taking (or refraining from taking) of such action is inconsistent with the terms of the LLC Operating Agreement or any other Transaction Documents without the prior written consent of the Manager.

Discretion of the Servicer in Responding to Defaults of Borrower. Upon the occurrence of an event of default under any of the Asset Documents, but subject to the other terms and conditions of this Agreement, including the Servicing Obligations of the Servicer and such direction as the Manager may otherwise provide that is consistent with the Servicer’s compliance with the Servicing Standard, the Servicer, with the consent of the Manager, will determine shall cause to be determined the response to such default and the course of action with respect to such default, including (a) the selection of attorneys to be used in connection with any action, whether judicial or otherwise, to protect the interests of the Company in the Asset and the Collateral, (b) the declaration and recording of a notice of such default and the acceleration of the maturity of the Loan, (c) the institution of proceedings to foreclose the Asset Documents, Collateral or Acquired Property securing the Loan pursuant to the power of sale contained therein or through a judicial action, or to appoint a receiver, (d) the institution of proceedings against the Borrower or any Obligor, (e) the acceptance of a deed in lieu of foreclosure, (f) the purchase of the real property Collateral at a foreclosure sale or trustee’s sale or the purchase of the personal property Collateral at a UCC Uniform Commercial Code sale, and (g) the institution or continuation of proceedings to obtain a deficiency judgment against such Borrower or any Obligor and the collection of such judgment, and (h) subject to Section 4.3, the engagement of any JDC Contractor to service a JDC Loan. Notwithstanding anything to the contrary contained herein, but subject to Section 5.7, the Servicer must shall not, in connection with any such default or otherwise, take (or refrain from taking) any action if the taking (or refraining from taking) of such action is inconsistent with the terms of the LLC Operating Agreement, the Advance Facility Agreement or any other Transaction Documents without the prior written consent of the Manager.

Discretion of the Servicer in Responding to Defaults of Borrower. Upon the occurrence of an event of default under any of the Asset Documents, but subject to the other terms and conditions of this Agreement, including the Servicing Obligations of the Servicer and such direction as the Manager may otherwise provide that is consistent with the Servicer’s compliance with the Servicing Standard, the Servicer, with the consent of the Manager, will shall determine the response to such default and the course of action with respect to such default, including (a) the selection of attorneys to be used in connection with any action, whether judicial or otherwise, to protect the interests of the Company in the Asset and the Collateral, (b) the declaration and recording of a notice of such default and the acceleration of the maturity of the Loan, (c) the institution of proceedings to foreclose the Asset Documents, Collateral or Acquired Property securing the Loan pursuant to the power of sale contained therein or through a judicial action, or to appoint a receiver, (d) the institution of proceedings against the Borrower or any Obligor, (e) the acceptance of a deed in lieu of foreclosure, (f) the purchase of the real property Collateral at a foreclosure sale or trustee’s sale or the purchase of the personal property Collateral at a UCC sale, and (g) the institution or continuation of proceedings to obtain a deficiency judgment against such Borrower or any Obligor and the collection of such judgment, and (h) subject to Section 4.3, the engagement of any JDC Contractor to service a JDC Loan. Notwithstanding anything to the contrary contained herein, but subject to Section 5.7, the Servicer must shall not, in connection with any such default or otherwise, take (or refrain from taking) any action if the taking (or refraining from taking) of such action is inconsistent with the terms of the LLC Operating Agreement or any other Transaction Documents without the prior written consent of the Manager.

Discretion of the Servicer in Responding to Defaults of Borrower. Upon the occurrence of an event of default under any of the Asset Mortgage Loan Documents, but subject to the other terms and conditions of this Agreement, including the Servicing Obligations of the Servicer and such direction as the Manager may otherwise provide that is consistent with the Servicer’s compliance with the Servicing Standard, the Servicer, with the consent of the Manager, will determine shall cause to be determined the response to such default and the course of action with respect to such default, including (a) the selection of attorneys to be used in connection with any action, whether judicial or otherwise, to protect the interests of the Company in the Asset Mortgage Loan and the Underlying Collateral, (b) the declaration and recording of a notice of such default and the acceleration of the maturity of the Mortgage Loan, (c) the institution of proceedings to foreclose pursuant to the Asset Mortgage Loan Documents, Underlying Collateral or Acquired Property securing the Mortgage Loan pursuant to the power of sale contained therein or through a judicial action, or to appoint a receiver, (d) the institution of proceedings against the Borrower or any Obligor, (e) the acceptance of a deed in lieu of foreclosure, (f) the purchase of the real property Underlying Collateral at a foreclosure sale or trustee’s sale or the purchase of the personal property Underlying Collateral at a UCC Uniform Commercial Code sale, and (g) the institution or continuation of proceedings to obtain a deficiency judgment against such Borrower or any Obligor and the collection of such judgment, and (h) subject to Section 4.3, the engagement of any JDC Contractor to service a JDC Loan. Notwithstanding anything to the contrary contained herein, but subject to Section 5.7, the Servicer must shall not, in connection with any such default or otherwise, take (or refrain from taking) any action if the taking (or refraining from taking) of such action is inconsistent with the terms of the LLC Operating Agreement or any other Transaction Ancillary Documents without the prior written consent of the Manager.