Duties of Lender. The powers conferred on Lender hereunder are solely to protect its interest in the Collateral and shall not impose any duty upon it to exercise any such powers. Lender's duty with reference to the Collateral shall be solely to use slight care in the custody and preservation of the Collateral, which shall not include any steps necessary to preserve rights against prior parties. Lender shall have no responsibility or liability for the collection of any Collateral or by reason of any invalidity, lack of value or uncollectability of any of the payments received by it.
Duties of Lender a. Lender will be solely responsible for ensuring that all of its application, origination and closing guidelines and procedures and documentation, including without limitation the Policies and Procedures and the Loan Documents, comply with all federal and state laws, regulations, rulings and interpretations applicable to Lender and/or with respect to the related Loan.
Duties of Lender. Lender shall not be liable or responsible in any way for any loss or damage to the Notes Receivable or Receivables Collateral caused by any warehouseman, carrier, forwarding agency, the Lockbox Agent (while the Lockbox Agent is any Person other than Lender or any of its Affiliates), Servicing Agent, Custodial Agent or any other Person whomsoever, excluding damages or losses that occur as a result of Lender's gross negligence or willful misconduct.
Duties of Lender. LENDER will use the Loan Processing Program as its exclusive mortgage lending program for loans originated by it through its American Finance Internet Origination Center with respect to those states identified in Appendix A. In connection with the Loan Processing Program, LENDER will perform the following functions:
Duties of Lender. Lender and each Borrower agree that, in paying any draft under any LC, Lender has no responsibility to obtain any document (OTHER THAN any documents expressly required by the respective LC) or to ascertain or inquire as to any document's validity, enforceability, sufficiency, accuracy, or genuineness or the authority of any Person delivering it. Neither Lender nor its Representatives will be liable to any Company for any LC's use or for any beneficiary's acts or omissions (INCLUDING, WITHOUT LIMITATION, ANY ACTS OR OMISSIONS CONSTITUTING ORDINARY NEGLIGENCE). Any action, inaction, error, delay, or omission taken or suffered by Lender or any of its Representatives in connection with any LC, applicable drafts or documents, or the transmission, dispatch, or delivery of any related message or advice, if in good faith and in conformity with applicable Legal Requirements and in accordance with the standards of care specified in the UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 (as amended or modified), is binding upon the Companies and Lender and, except as provided in SECTION 2.3(d), does not place Lender or any of its Representatives under any resulting liability to any Company. Lender is not liable to any Company for any action taken or omitted, in the absence of gross negligence or willful misconduct, by Lender or its Representative in connection with any LC.
Duties of Lender. Notwithstanding any provision contained in this Agreement, none of Lender or the Bank Product Providers shall have any duty to exercise any of the rights, privileges or powers afforded to it and shall not be responsible to Debtor or any other Person for any failure to do so or delay in doing so. None of Lender or the Bank Product Providers shall have any duty or liability to exercise or preserve any rights, privileges or powers pertaining to the Trademark Collateral other than the exercise of commercially reasonable behavior in accordance with applicable law.
Duties of Lender. 3.1 Lender shall Underwrite or cause to be Underwritten every eligible Application submitted pursuant to this Agreement. Lender shall have no obligation to issue a commitment, or other comparable document for, or to Close, a Mortgage Loan which it determines, in its sole discretion, does not meet Xxxxxx’s or Investors’ Underwriting requirements. Lender, in its sole discretion, may decline any Application that does not comply with the terms of this Agreement or does not meet Xxxxxx’s or Investors’ Guidelines. Lender shall notify Broker promptly of such declination in writing within thirty (30) days of the decision.
Duties of Lender. Lender’s duty regarding the Collateral at any time prior to full and final payment of all of the Obligations is solely to use reasonable care in the custody and preservation of the Collateral. Lender is deemed to have exercised reasonable care in the custody and preservation of the Collateral if the Collateral is accorded treatment substantially equal to that which Lender accords her own property. Lender has no responsibility for ascertaining or taking action with respect to fixing or preserving rights against prior parties to the Collateral, calls, conversions, exchanges, maturities, tenders, or other matters relative to any Collateral or for informing NGC or BHG of these matters regardless of whether Lender has or is deemed to have any knowledge of these matters. Lender is not required to take any steps necessary to preserve any rights in the Collateral against prior parties or to protect, perfect, preserve, or maintain any Security Interest given to secure the Collateral. Lender is not liable for her failure to use due diligence in the collection of the Obligations, or for her failure to give notice to NGC or BHG of default in the payment of the Obligations, or in the payment of or upon any security, whether pledged under this 1/06 SA or otherwise, nor for a decline in the market value of the Collateral.
Duties of Lender. LENDER will use the Private Label Program as a nonexclusive single-family residential mortgage lending program. In connection with the Private Label Program, LENDER will perform the following functions:
Duties of Lender. (a) Lender shall timely make all payments to Servicer required under this Agreement subject to the terms and conditions hereof. (b) Lender shall provide to Servicer such information as is reasonably necessary for Servicer to perform its duties hereunder. (c) Lender, in its sole discretion, shall determine all of the conditions, terms, services and features offered to Borrowers, including, but not limited to, Finance Charge rate and other charges, credit limits, credit standards, collection procedures and asset quality of the Loans, and shall communicate same to Servicer. Copies of Lender's policies and procedures governing the Loans and documents evidencing the conditions, terms services and features offered to Borrowers, including sample Loan Documents, have been provided to Servicer and will be updated and amended by Lender, as necessary and appropriate. (d) During the term of this Agreement and any renewal term or terms of this Agreement, Lender shall make Loans to Borrowers referred by Servicer which meet Lender's credit standards for approval of such Loans and conform to Lender's criteria and terms for Loans, subject to terms and conditions of this Agreement, including, but not limited to, the conditions imposed under Section 2.08 of this Agreement. Lender has provided to Servicer the criteria and terms of the Loans acceptable to Lender, which Lender may amend in its sole discretion at any time and from time to time.
