Duties of the Assuming Bank. (a) In performance of its duties under this Article III, the Assuming Bank shall:
Duties of the Assuming Bank. (a) In performance of its duties under these Rules, the Assuming Bank shall: Whole Bank P&A w/Loss Sharing COUNTY BANK 6 February 2009 MERCED, CA
Duties of the Assuming Bank. (a) In performance of its duties under these Whole Bank P&A w/Loss Sharing 98 Suburban Federal Savings Bank January 30, 0000 Xxxxxxx, XX Rules, the Assuming Bank shall:
Duties of the Assuming Bank. (a) In performance of its duties under this Article III, the Assuming Bank shall:
(i) manage and administer each Single Family Shared-Loss Loan in accordance with Assuming Bank’s usual and prudent business and banking practices and Customary Servicing Procedures;
(ii) exercise its best business judgment in managing, administering and collecting amounts owed on the Single Family Shared-Loss Loans;
(iii) use commercially reasonable efforts to maximize Recoveries with respect to Losses on Single Family Shared-Loss Loans without regard to the effect of maximizing collections on assets held by the Assuming Bank or any of its Affiliates that are not Single Family Shared- Loss Loans;
(iv) retain sufficient staff (in Assuming Bank’s discretion) to perform its duties hereunder; and
(v) other than as provided in Section 2.1(a), comply with the terms of the Modification Guidelines for any Single Family Shared-Loss Loans meeting the requirements set forth therein. For the avoidance of doubt, the Assuming Bank may propose exceptions to Exhibit 5 (the FDIC Loan Modification Program) for a group of Loans with similar characteristics, with the objectives of (1) minimizing the loss to the Assuming Bank and the FDIC and (2) maximizing the opportunity for qualified homeowners to remain in their homes with affordable mortgage payments.
(b) Any transaction with or between any Affiliate of the Assuming Bank with respect to any Single Family Shared-Loss Loan including, without limitation, the execution of any contract pursuant to which any Affiliate of the Assuming Bank will manage, administer or collect any of the Single Family Shared-Loss Loans will be provided to FDIC for informational purposes and if such transaction is not entered into on an arm’s length basis on commercially reasonable terms such transaction shall be subject to the prior written approval of the Receiver.
