Common use of Distressed Mortgage Loans Clause in Contracts

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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLC, as Servicer By: Name: Title: Acknowledged By: 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: EXHIBIT A Modifications to the Sale and Servicing Agreement

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Lehman XS Trust Series 2007-15n)

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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 Sale and Servicing Agreementapplicable 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCCOUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_________________________________________ Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By:_________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_________________________________________ Name: Xxxxxxx Xxxx Jxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: :_________________________________________ Name: Title: EXHIBIT A Modifications to the Sale 2004 SWSA and Servicing Agreementthe 2006 SWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementMLSSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYBANK OF AMERICA, LLCNATIONAL ASSOCIATION, as Servicer By: _______________________________ Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ____________________________ Name: Title: EXHIBIT A Modifications to the Sale and Servicing AgreementMLSSA

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Lehman XS Trust Series 2006-14n)

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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCCOUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_________________________________ Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By:_________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_________________________________ Name: Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION ASSOCIATION, as Trustee and not individually By: :_________________________________ Name: Title: EXHIBIT A Modifications to the Sale and Servicing AgreementXXXX

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCSignaxxxx COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_____________________________________________ Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By:_____________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_______________________________________ Name: Xxxxxxx Xxxx Title: Senior E. Todd Whittemore Title Executive Vice President U.S. BANK NATIONAL ASSOCIATION NAXXXXXX XXXXXXXXION as Trustee and not individually By: :_______________________________________ Name: Title: EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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; 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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLC, as Servicer By: Name: Title: Acknowledged By: AURORA LOAN SERVICES LLC, as Master Servicer By: Name: Xxxxx X. Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: Name: Title: LXS 2007-4N Reconstituted Servicing Agreement LBH and RFC 00000000.0.XXXXXXXX EXHIBIT A Modifications to the Sale and Servicing Agreement

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Lehman XS 2007-4n)

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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYGREENPOINT MORTGAGE FUNDING, LLCINC., as Servicer By: _________________________ Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: _________________________ Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: _________________________ Name: Title: EXHIBIT A Modifications to the Sale and Servicing Flow Agreement

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCCOUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By: ______________________________Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By: ______________________________Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ______________________________Name: Xxxxx X. Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ______________________________Name: Title: EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementFPWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLC, AMERICAN HOME MORTGAGE CORP. as Servicer By: Name: Title: Acknowledged By: AURORA LOAN SERVICES LLC, as Master Servicer By: Name: Xxxxx X. Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: Name: Title: EXHIBIT A Modifications to the Sale Flow Mortgage Loan Purchase, Warranties and Servicing Agreement

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Lehman XS Trust Series 2007-7n)

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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYXxxxxxxxxx Xignatory INDYMAC BANK, LLCF.S.B., as Servicer By: ________________________________ Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: _____________________________________ Name: Xxxxxxx Xxxx Title: Senior E. Todd Whittemore Title Executive Vice President U.S. BANK NATIONAL ASSOCIATION NATXXXXX XXXXXXXXXON as Trustee and not individually By: _____________________________________ Name: Diana J. Kenneally Title: Assistant Vice President EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYGREENPOINT MORTGAGE FUNDING, LLCINC., as Servicer By: Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: Name: Xxxxxx X. Xxxxxxx Title: Vice President EXHIBIT A Modifications to the Sale and Servicing Flow Agreement

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCSignxxxxx COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:__________________________________________ Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By:__________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :______________________________________ Name: Xxxxxxx Xxxx E. Todd Whittemore Title: Senior Executive Vice President U.S. BANK NATIONAL ASSOCIATION as XXXXXXXXXXX xx Trustee and not individually By: :______________________________________ Name: Diana J. Kenneally Title: Assistant Vice President EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCCOUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By: __________________________________ Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By: __________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: __________________________________ Name: Xxxxx X. Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION XXXXX FARGO BANK, N.A. as Trustee and not individually By: __________________________________ Name: Title: EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYXxxxxxxxxx Xxgnatory INDYMAC BANK, LLCF.S.B., as Servicer By: :_______________________________ Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_______________________________________ Name: Xxxxxxx Xxxx Title: Senior E. Todd Whittemore Title Executive Vice President U.S. BANK NATIONAL ASSOCIATION as NATIONAX XXXXXXXXXXX xs Trustee and not individually By: :______________________________________ Name: Diana J. Kenneally Title: Assistant Vice President EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCXxxxxxxxxx Xxgnatory COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_________________________________ Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By:_________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_________________________________ Name: Xxxxxxx Xxxx E. Todd Whittemore Title: Senior Executive Vice President U.S. BANK NATIONAL ASSOCIATION NATIOXXX XXXXXXXXXXX as Trustee and not individually By: :_________________________________ Name: Diana J. Kenneally Title: Assistant Vice President EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYGREENPOINT MORTGAGE FUNDING, LLCINC., as Servicer By: :_________________________________ Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :_________________________________ Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: :_________________________________ Name: Title: EXHIBIT A Modifications to the Sale and Servicing Flow Agreement

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar6)

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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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCCOUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:_________________________________________ Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By:_________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :________________________________________ Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: :________________________________________ Name: Xxxxx X. Xxxxxxxxx Title: Assistant Vice President EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLCCOUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By:__________________________________________ Name: Title: Acknowledged COUNTRYWIDE HOME LOANS, INC. By:__________________________________________ Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: :______________________________________ Name: Xxxxxxx Xxxx E. Todd Whittemore Title: Senior Executive Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually ASSOCXXXXXX xx Xxxxxee By: :______________________________________ Name: Diana J. Kenneally Title: EXHIBIT Assistant Vice President XXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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; 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 Sale and Servicing AgreementFISA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYSUNTRUST MORTGAGE, LLCINC., as Servicer By: ------------------------------------ Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ------------------------------------ Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION ASSOCIATION, as Trustee and not individually By: ------------------------------------ Name: Xxxxxxxxx Xxxxxx Title: Assistant Vice President EXHIBIT A Modifications to the Sale and Servicing AgreementFISA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementSWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYXXXXX FARGO BANK, LLCN.A., as Servicer By: ----------------------------------- Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: --------------------------------- Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: --------------------------------- Name: Xxxxxxxxx Xxxxxx Title: Assistant Vice President EXHIBIT A Modifications to the Sale and Servicing AgreementSWSA

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLC, as Servicer By: Name: Title: Acknowledged By: AURORA LOAN SERVICES LLC, as Master Servicer By: Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: Name: Title: EXHIBIT A Modifications to the Sale and Servicing Agreement

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Lehman XS Trust Series 2006-18n)

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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLC, as Servicer By: _____________________________ Name: Title: Acknowledged By: AURORA LOAN SERVICES LLC, as Master Servicer By: __________________________ Name: Xxxxx X. Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: __________________________Name: Title: EXHIBIT A Modifications to the Sale and Servicing Agreement

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing AgreementFPWSA. 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANY, LLC, AMERICAN HOME MORTGAGE CORP. as Servicer By: Name: Title: Acknowledged By: 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: EXHIBIT A Modifications to the Sale Flow Mortgage Loan Purchase, Warranties and Servicing Agreement

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYGREENPOINT MORTGAGE FUNDING, LLCINC., as Servicer By: ____________________________ Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: ____________________________ Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: ____________________________ Name: Xxxxx Xxxxx Title: Vice President EXHIBIT A Modifications to the Sale and Servicing Flow Agreement

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYGREENPOINT MORTGAGE FUNDING, LLCINC., as Servicer By: Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: Name: Xxxxxxx Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: Name: Title: Vice President EXHIBIT A Modifications to the Sale and Servicing Flow Agreement

Appears in 1 contract

Samples: Reconstituted 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 Sale and Servicing 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 Sale and Servicing 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 Sale and Servicing 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 RESIDENTIAL FUNDING COMPANYGREENPOINT MORTGAGE FUNDING, LLCINC., as Servicer By: _______________________________ Name: Title: Acknowledged ByAcknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: _______________________________ Name: Xxxxx X. Xxxxxxx Xxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION as Trustee and not individually By: _______________________________ Name: Title: EXHIBIT A Modifications to the Sale 2006 Flow Agreement and Servicing the 2007 Flow Agreement Unless otherwise specified, the modifications described below shall apply equally to each Flow Agreement.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)

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