Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President 1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. 2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006. 3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-Gp3)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the Flow Agreement. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Xxxxx X Xxxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Xxxxxx X. Xxxxxxx Title: Vice President
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Servicer in its sole discretion. Such efforts do not require the Seller Servicer to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller Servicer to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30March 31, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial AccountCondemnation Proceeds,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-4n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: __________________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By: __________________________________ Name: Title: COUNTRYWIDE HOME LOANS, INC. By: __________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: __________________________________ Name: Xxxxxx Xxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION XXXXX FARGO BANK, N.A. as Trustee By: __________________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.. Sections 2.01, 2.02, 2.03, 3.02 and 3.06 of the SWSA, the exhibits to the SWSA and all references to such exhibits shall also be disregarded and shall be redacted from the SWSA before being attached hereto as Exhibit B.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the The definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Eligible Investments” in Article I is hereby amended and restated in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-2)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the MLSSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementMLSSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementMLSSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A "Distressed Mortgage Loan is Loan" is, as of any Determination Date Date, a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ ----------------------------------- Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDINGBANK OF AMERICA, INC.NATIONAL ASSOCIATION, as Servicer By: ____________________________ ----------------------------------- Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ ---------------------------------- Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ____________________________ ---------------------------------- Name: Xxxxx Xxxxx Xxxxxxxxx Xxxxxx Title: Assistant Vice President
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating President EXHIBIT A Modifications to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:MLSSA
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-10n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ ------------------------------------ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDINGXXXXX FARGO BANK, INC.N.A., as Servicer By: ____________________________ ----------------------------------- Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ --------------------------------- Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ____________________________ --------------------------------- Name: Xxxxx Xxxxx Xxxxxxxxx Xxxxxx Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers Transfers, Securitization Transactions and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing Date” are hereby added to "Accepted Servicing Practices" in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are is hereby added to Article I to immediately follow the definition of “Custodial Account,” amended to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-10n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: :_______________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDINGINDYMAC BANK, INC.F.S.B., as Servicer By: :_______________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________________ Name: Xxxxxx X. Xxxxxx Title: E. Xxxx Xxxxxxxxxx Title Executive Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: :_______________________________________ Name: Xxxxx Xxxxx X. Xxxxxxxxx Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing "Determination Date” are hereby added to " in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are is hereby added to Article I to immediately follow the definition of “Custodial Account,” to read amended as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2005-5n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the FISA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementFISA, and (ii) assumption, for the benefit of the Servicer, of the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementFISA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ ------------------------------------ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDINGSUNTRUST MORTGAGE, INC., as Servicer By: ____________________________ ------------------------------------ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ ------------------------------------ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION ASSOCIATION, as Trustee and not individually By: ____________________________ ------------------------------------ Name: Xxxxx Xxxxx Xxxxxxxxx Xxxxxx Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the FISA
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, FISA relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers Transfers, Securitization Transactions and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the FISA (other than Exhibit 7 thereto, and Exhibits A and B to such Exhibit 7) and all references to such exhibits shall also be disregarded, and any references in the language inserted or substituted in the FISA pursuant to the provisions hereof to any other exhibit "to this Agreement" shall be deemed to be references to the corresponding exhibit to this Agreement.
2. New definitions of “Best Efforts” "Certificate" and “Closing Date” "Code" are hereby added to Article I to 1 immediately follow following the definition of “"Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” " to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-10n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ -------------------------------------------- Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: ____________________________ Countrywide GP, Inc., its General Partner By: -------------------------------------------- Name: Title: COUNTRYWIDE HOME LOANS, INC. By: -------------------------------------------- Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ -------------------------------------------- Name: Xxxxxx X. Xxxxxx E. Xxxx Xxxxxxxxxx Title: Executive Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ -------------------------------------------- Name: Xxxxx Xxxxx X. Xxxxxxxxx Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing Date” are hereby added to "Eligible Investments" in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller is hereby amended in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Mortgage Pass-Through Certificates, Series 2005-19xs)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX LEHMAN BROTHERS HOLDINGS INC., as Seller By: :_______________________________ Name: Xxxxx Xxxxxxx Ellen Kiernan Title: Authorized Signatory GREENPOINT MORTGAGE FUNDINGXxxxxxxxxx Xxgnatory INDYMAC BANK, INC.F.S.B., as Servicer By: :_______________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_______________________________________ Name: Xxxxxx X. Xxxxxx Title: E. Todd Whittemore Title Executive Vice President U.S. BANK NATIONAL ASSOCIATION as NATIONAX XXXXXXXXXXX xs Trustee By: :______________________________________ Name: Xxxxx Xxxxx Diana J. Kenneally Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing "Determination Date” are hereby added to " in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are is hereby added to Article I to immediately follow the definition of “Custodial Account,” to read amended as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2005-9n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee (or the Custodian on its behalf) and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. 5 Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: __Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: Name: Title: HSBC BANK USA, NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: __________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice PresidentEXHIBIT A Modifications to the PWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementPWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Agency Transfer, Whole Loan and Pass-Through Transfers Transfers, Securitization Transactions and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. Except as otherwise referred to herein, the exhibits to the PWSA and all references to such exhibits shall also be disregarded.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the The definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Business Day” is hereby amended in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX LEHMAN BROTHERS HOLDINGS INC., as Seller By: :_________________________________ Name: Xxxxx Xxxxxxx Ellen Kiernan Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.Xxxxxxxxxx Xxgnatory COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_________________________________ Name: Title: COUNTRYWIDE HOME LOANS, INC. By:_________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_________________________________ Name: Xxxxxx X. Xxxxxx E. Todd Whittemore Title: Executive Vice President U.S. BANK NATIONAL ASSOCIATION NATIOXXX XXXXXXXXXXX as Trustee By: :_________________________________ Name: Xxxxx Xxxxx Diana J. Kenneally Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing Date” are hereby added to "Eligible Investments" in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller is hereby amended in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2005-5n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the FPWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementFPWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementFPWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT AMERICAN HOME MORTGAGE FUNDING, INC., CORP. as Servicer By: _________Name: Title: AURORA LOAN SERVICES LLC, as Master Servicer By: Name: Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By:___________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the The definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Eligible Investments” in Section 1 is hereby amended and restated in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2007-15n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: _______________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: _______________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: _______________________________ Name: Xxxxxx Xxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: _______________________________ Name: Xxxxx Xxxxx Title: Vice PresidentUnless otherwise specified, the modifications described below shall apply equally to each Flow Agreement.
1. Unless otherwise specified herein, any provisions of the either Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June April 30, 20062007.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: :_________________________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_________________________________________ Name: Title: COUNTRYWIDE HOME LOANS, INC. By:_________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :________________________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: :________________________________________ Name: Xxxxx Xxxxx X. Xxxxxxxxx Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing Date” are hereby added to "Eligible Investments" in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller is hereby amended and restated in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman Xs Trust Series 2006-2n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX LEHMAN BROTHERS HOLDINGS INC., as Seller Selxxx By: :_____________________________________________ Name: Xxxxx Xxxxxxx Ellen Kiernan Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.Signaxxxx COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_____________________________________________ Name: Title: COUNTRYWIDE HOME LOANS, INC. By:_____________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_______________________________________ Name: Xxxxxx X. Xxxxxx Title: E. Todd Whittemore Title Executive Vice President U.S. BANK NATIONAL ASSOCIATION NAXXXXXX XXXXXXXXION as Trustee By: :_______________________________________ Name: Xxxxx Xxxxx Title: Vice PresidentEXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing Date” are hereby added to "Eligible Investments" in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller is hereby amended in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-16xs)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30September 29, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar5)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the Flow Agreement. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Xxxxxx X. Xxxxxxx Title: Vice President
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Servicer in its sole discretion. Such efforts do not require the Seller Servicer to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller Servicer to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30April 28, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial AccountCondemnation Proceeds,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-Gp1)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: :_________________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_________________________________ Name: Title: COUNTRYWIDE HOME LOANS, INC. By:_________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_________________________________ Name: Xxxxxx X. Xxxxxx Xxxxxxx Xxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION ASSOCIATION, as Trustee and not individually By: :_________________________________ Name: Xxxxx Xxxxx Title: Vice President
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2007-18n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the FPWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementFPWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementFPWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT AMERICAN HOME MORTGAGE FUNDING, INC., CORP. as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx Xxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the The definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Eligible Investments” in Section 1 is hereby amended and restated in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2007-7n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June November 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar7)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX LEHMAN BROTHERS HOLDINGS INC., as Seller xx Xxxler By: ________________________________ Name: Xxxxx Xxxxxxx Ellen Kiernan Title: Authorized Signatory GREENPOINT MORTGAGE FUNDINGAuthorizxx Xxxxxxxxx INDYMAC BANK, INC.F.S.B., as Servicer By: ________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: _____________________________________ Name: Xxxxxx X. Xxxxxx E. Todd Whittemore Title: Executive Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee AXXXXXXXXXX xx Xrustee By: _____________________________________ Name: Xxxxx Xxxxx Diana J. Kenneally Title: Assistant Vice PresidentPresident XXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing "Determination Date” are hereby added to " in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are is hereby added to Article I to immediately follow the definition of “Custodial Account,” to read amended as follows:
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-7n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: :_________________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: :_________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_________________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: :_________________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30October 31, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar6)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30July 31, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-Gp4)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX LEHMAN BROTHERS HOLDINGS INC., as Seller Sexxxx By: :__________________________________________ Name: Xxxxx Xxxxxxx Ellen Kiernan Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.Signxxxxx COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:__________________________________________ Name: Title: COUNTRYWIDE HOME LOANS, INC. By:__________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :______________________________________ Name: Xxxxxx X. Xxxxxx E. Todd Whittemore Title: Executive Vice President U.S. BANK NATIONAL ASSOCIATION as XXXXXXXXXXX xx Trustee By: :______________________________________ Name: Xxxxx Xxxxx Diana J. Kenneally Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the SWSA
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the SWSA and all references to such exhibits shall also be disregarded.
2. New definitions The definition of “Best Efforts” and “Closing Date” are hereby added to "Eligible Investments" in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller is hereby amended in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2005-9n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the Flow Agreement. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: _:___________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: _:___________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By:___________________________ Name: _Xxxxx X. Xxxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By:___________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Xxxxxxx Title: Vice President
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Servicer in its sole discretion. Such efforts do not require the Seller Servicer to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller Servicer to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30May 31, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial AccountCondemnation Proceeds,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-Gp2)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice PresidentUnless otherwise specified, the modifications described below shall apply equally to each Flow Agreement.
1. Unless otherwise specified herein, any provisions of the either Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30July 31, 20062007.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2007-15n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the applicable SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreementapplicable SWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreementapplicable SWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX LXXXXX BROTHERS HOLDINGS INC., as Seller By: :_________________________________________ Name: Xxxxx Exxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_________________________________________ Name: Title: COUNTRYWIDE HOME LOANS, INC. By:_________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_________________________________________ Name: Xxxxxx Jxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: :_________________________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreementeither SWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. Sections 2.01, 2.02, 2.03, 3.02, 3.03 and 3.06 of each SWSA, the exhibits to each SWSA and all references to such exhibits shall also be disregarded and shall be redacted from the SWSA before being attached hereto as Exhibit B-1 and Exhibit B-2. Unless otherwise specified, the modifications described herein shall apply equally to each SWSA.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the The definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Eligible Investments” in Article I is hereby amended and restated in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-16n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementSWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementSWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ______________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By: ____________________________ ___Name: Title: COUNTRYWIDE HOME LOANS, INC. By: ______________________________Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ ___Name: Xxxxxx Xxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ____________________________ ___Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow AgreementSWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. Sections 2.01, 2.02, 2.03, 3.02, 3.03 and 3.06 of the SWSA, the exhibits to the SWSA and all references to such exhibits shall also be disregarded and shall be redacted from the SWSA before being attached hereto as Exhibit B. Unless otherwise specified, the modifications described herein shall apply equally to the SWSA.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the The definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Eligible Investments” in Article I is hereby amended and restated in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2007-2n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the MLSSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow AgreementMLSSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow AgreementMLSSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A “Distressed Mortgage Loan is Loan” is, as of any Determination Date Date, a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: _______________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDINGBANK OF AMERICA, INC.NATIONAL ASSOCIATION, as Servicer By: _______________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow AgreementMLSSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligationsand indemnification obligations relating to such representations and warranties, (iii) Whole Whole-Loan and Pass-Through Transfers, Agency Transfers and Reconstitution, Securitizations and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. The exhibits to the MLSSA and all references to such exhibits shall also be disregarded.
2. New definitions A new definition of “Best Efforts” and “Closing Date” are is hereby added to Article I Section 1 to immediately follow the definition of “AgreementBalloon Mortgage Loan”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller Servicer in its sole reasonable discretion. Such efforts do not require the Seller Servicer to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller Servicer to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the The definition of “Custodial Account,Eligible Investments” in Section 1 is hereby amended in its entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-14n)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx Xxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30February 28, 20062007.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar1)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx Xxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30May 31, 20062007.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (GreenPoint Mortgage Funding Trust 2007-Ar3)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreement, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreement. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC., as Servicer By: ____________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President:
1. Unless otherwise specified herein, any provisions of the Flow Agreement, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement.
2. New definitions of “Best Efforts” and “Closing Date” are hereby added to Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30December 29, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” to read as follows:: Determination Date: The last day of the calendar month preceding the related Remittance Date (or if such day is not a Business Day, the Business Day immediately preceding such day).
Appears in 1 contract
Samples: Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar8)
Distressed Mortgage Loans. The NIMS Insurer may, at its option, purchase a Distressed Mortgage Loan; provided, however, prior to any such purchase, the Servicer shall be required to continue to make Monthly Advances with respect to such Distressed Mortgage Loans, to the extent required by the applicable servicing provisions in the applicable SWSA. Any such purchase shall be accomplished by: (A) remittance to the Master Servicer of the Purchase Price (as defined in the Trust Agreement) for the Distressed Mortgage Loan for deposit into the Collection Account established by the Master Servicer pursuant to the Trust Agreement, and (B) the NIMS Insurer’s 's (i) acknowledgment and agreement to retain Servicer, as the servicer for any such purchased Distressed Mortgage Loan, to service such Distressed Mortgage Loan pursuant to the provisions of the Flow Agreementapplicable SWSA, and (ii) assumption, for the benefit of the Servicer, the rights and obligations of the Trust Fund as owner of such purchased Distressed Mortgage Loans pursuant to the Flow Agreementapplicable SWSA. The Trustee and the Servicer shall immediately effectuate the conveyance of the purchased Distressed Mortgage Loans to the NIMS Insurer exercising the purchase option, including prompt delivery of the Servicing File and all related documentation to the applicable NIMS Insurer. A Distressed Mortgage Loan is as of any Determination Date a Mortgage Loan that is delinquent in payment for a period of ninety (90) days or more, without giving effect to any grace period permitted by the related Mortgage Loan, or for which the Servicer or Trustee has accepted a deed in lieu of foreclosure. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: ____________________________ ------------------------------------ Name: Xxxxx Xxxxxxx Title: Authorized Signatory GREENPOINT MORTGAGE FUNDING, INC.COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: ____________________________ Countrywide GP, Inc., its General Partner By: ------------------------------------ Name: Title: COUNTRYWIDE HOME LOANS, INC. By: ------------------------------------ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ --------------------------------- Name: Xxxxxx X. Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ____________________________ --------------------------------- Name: Xxxxx Xxxxx Xxxxxxxxx Xxxxxx Title: Assistant Vice PresidentPresident EXHIBIT A Modifications to the 2004 SWSA and the 2006 SWSA
1. Unless otherwise specified herein, any provisions of the Flow Agreementeither SWSA, including definitions, relating to (i) representations and warranties relating to the Mortgage Loans and not relating to the servicing of the Mortgage Loans, (ii) Mortgage Loan repurchase obligations, (iii) Whole Loan and Pass-Through Transfers and Reconstitution, and (iv) Assignments of Mortgage, shall be disregarded for purposes relating to this Agreement. Sections 2.01, 2.02, 2.03, 3.02, 3.03 and 3.06 of each SWSA, the exhibits to each SWSA and all references to such exhibits shall also be disregarded and shall be redacted from the SWSA before being attached hereto as Exhibit B. Unless otherwise specified, the modifications described herein shall apply equally to each SWSA.
2. New definitions The definition of “Best Efforts” and “Closing Date” are hereby added to "Eligible Investments" in Article I to immediately follow the definition of “Agreement”, to read as follows: Best Efforts: Efforts determined to be reasonably diligent by the Seller is hereby amended and restated in its sole discretion. Such efforts do not require the Seller to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement. Closing Date: June 30, 2006.
3. New definitions of “Determination Date”, “Due Date” and “Due Period” are hereby added to Article I to immediately follow the definition of “Custodial Account,” entirety to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-10n)