Common use of Duties of the Master Servicer Clause in Contracts

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles. The Master Servicer is hereby authorized to commence, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 3 contracts

Samples: Master Sale and Servicing Agreement (HSBC Automotive Trust 2005-1), Master Sale and Servicing Agreement (HSBC Automotive Trust 2005-3), Master Sale and Servicing Agreement (HSBC Automotive Trust 2005-2)

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Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligation of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in applicable Servicing Agreements, except the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession activities of the Dealer AgreementsServicers with respect to Mortgage Loans that are in default, to including collection activity, modification of Mortgage Loans, foreclosure, and disposition of REO Property, the extent it is necessary to do soprocessing of any FHA or VA claims and the activities of any Subservicers (“Excluded Servicing Obligations”), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall, from time to time, receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall otherwise exercise its reasonable best efforts to cause each Servicer to perform and observe the Trust covenants, obligations and conditions to execute be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer shall independently and deliverseparately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on behalf a monthly basis (except in the case of any Mortgage Loan serviced by [ ]) and coordinate corrective adjustments to the Trust, any Servicers’ and all instruments of satisfaction or cancellation, or of partial or full release or dischargeMaster Servicer’s records, and all based on such reconciled and corrected information, prepare the report specified in Section 4.27 and any other comparable instrumentsinformation, statements and reports required hereunder. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of any Servicer or to enforce the obligations of any Servicer under its Servicing Agreement with respect to (i) calculation of payments due under any Simple Interest Mortgage Loans or any Non-Monthly Mortgage Loans, (ii) the collection of amounts with respect to the Receivables Mortgage Loans described on the Mortgage Loan Schedule attached as Schedule I-B hereto representing principal and/or interest due and with respect owing on any such Mortgage Loan prior to the Financed Vehicles. The Master Servicer is hereby authorized to commenceCut-off Date or (iii) any Additional Collateral or any limited purpose surety bond relating thereto, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating the collection of any amounts owing to or involving a Receivable, an Obligor or a Financed Vehicle. If the Trust Fund in respect thereof (unless and until the Master Servicer commences or participates shall have assumed the obligations of such Servicer as successor servicer under the related Servicing Agreement, in which case, as successor servicer, it shall be bound to serve and administer the Additional Collateral and any related limited purpose surety bond in accordance with the provisions of such a legal proceeding in Servicing Agreement). The Master Servicer shall reconcile the results of its own name, Mortgage Loan monitoring with the Trust shall thereupon be deemed actual remittances of the Servicers to have automatically assigned such Receivable the Collection Account pursuant to the applicable Servicing Agreements. To the extent applicable to the obligations of the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimantunder this agreement, and the Master Servicer is authorized shall at all times comply with the Housing Act, FHA Regulations, the Readjustment Act, VA Regulations, and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreementguidelines issued thereunder.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Securities Co LLC), Pooling and Servicing Agreement (BLG Securities Company, LLC)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligation of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in applicable Servicing Agreements, except the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession activities of the Dealer AgreementsServicers with respect to Mortgage Loans that are in default, to including collection activity, modification of Mortgage Loans, foreclosure, and disposition of REO Property, the extent it is necessary to do soprocessing of any FHA or VA claims and the activities of any subservicers (“Excluded Servicing Obligations”), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall, from time to time, receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall otherwise exercise its reasonable best efforts to cause each Servicer to perform and observe the Trust covenants, obligations and conditions to execute be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer shall independently and deliverseparately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on behalf a monthly basis (except in the case of any Mortgage Loan serviced by Residential Funding Corporation or Washington Mutual Mortgage Securities Corp.) and coordinate corrective adjustments to the Trust, any Servicers’ and all instruments of satisfaction or cancellation, or of partial or full release or dischargeMaster Servicer’s records, and all based on such reconciled and corrected information, prepare the report specified in Section 4.27 and any other comparable instrumentsinformation, statements and reports required hereunder. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of any Servicer or to enforce the obligations of any Servicer under its Servicing Agreement with respect to (i) calculation of payments due under any Simple Interest Mortgage Loans or any Non-Monthly Mortgage Loans, (ii) the collection of amounts with respect to the Receivables Mortgage Loans described on the Mortgage Loan Schedule attached as Schedule I-B hereto representing principal and/or interest due and with respect owing on any such Mortgage Loan prior to the Financed Vehicles. The Master Servicer is hereby authorized to commenceCut-off Date or (iii) any Additional Collateral or any limited purpose surety bond relating thereto, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating the collection of any amounts owing to or involving a Receivable, an Obligor or a Financed Vehicle. If the Trust Fund in respect thereof (unless and until the Master Servicer commences or participates shall have assumed the obligations of such Servicer as successor servicer under the related Servicing Agreement, in which case, as successor servicer, it shall be bound to serve and administer the Additional Collateral and any related limited purpose surety bond in accordance with the provisions of such a legal proceeding in Servicing Agreement) or. The Master Servicer shall reconcile the results of its own nameMortgage Loan monitoring with the actual remittances of the Servicers to the Collection Account pursuant to the applicable Servicing Agreements, the Trust shall thereupon be deemed to have automatically assigned such Receivable to except that the Master Servicer solely for purposes shall have no obligation to reconcile any loan-level calculations provided by Residential Funding Corporation or Washington Mutual Mortgage Securities Corp.). To the extent applicable to the obligations of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any noticesunder this agreement, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer shall at all times comply with the Housing Act, FHA Regulations, the Readjustment Act, VA Regulations, and any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreementguidelines issued thereunder.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Pooling and Servicing Agreement (Bayview Financial Securties Company, LLC Mortgage Pass-Through Certificates, Series2004-D)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligations of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in the Dealer applicable Servicing Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered by consult with each Servicer as necessary from time to time to carry out the Trust to execute Master Servicer's obligations hereunder, shall receive, review and deliverevaluate all reports, on behalf of the Trust, any information and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect data provided to the Receivables Master Servicer by each Servicer and with respect shall otherwise exercise its reasonable best efforts to cause each Servicer to perform and observe the Financed Vehiclescovenants, obligations and conditions to be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer is hereby authorized shall independently and separately monitor each Servicer's servicing activities with respect to commenceeach related Mortgage Loan, in its own name or reconcile the results of such monitoring with such information provided in the name previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records and, based on such reconciled and corrected information, prepare the statements specified in Sections 4.04 and 4.05 and any other information and statements required hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Trust, a legal proceeding Servicers to enforce a Receivable the Collection Account pursuant to the applicable Servicing Agreements. Subject to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name3.15, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer and the Servicers with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem supplied to it reasonably necessary or appropriate to enable the Master Servicer and Servicers to carry out its servicing service and administrative duties under this Agreementadminister the Mortgage Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee Trustee, the Noteholders and the NoteholdersInsurer) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Household Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator Noteholders and the Noteholders Insurer with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Household Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles. The Master Servicer is hereby authorized to commence, in its it’s own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 2 contracts

Samples: Master Sale and Servicing Agreement (Household Automotive Trust 2003-2), Master Sale and Servicing Agreement (Household Auto Receivables Corp)

Duties of the Master Servicer. (a) The Master Servicer is hereby authorized shall take or cause to act be taken all such action as agent for the Trust (and also on behalf of the Indenture Trustee may be necessary or advisable to collect all payments due under each Receivable and the Noteholders) and in such capacity shall managerelated Contract from time to time, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out all in accordance with customary applicable laws, rules and usual procedures of institutions which service motor vehicle retail installment sales contracts andregulations, to the extent more exactingwith reasonable care and diligence, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply in accordance with the standard Credit and customary procedures for servicing all of its comparable motor vehicle receivablesCollection Policy. The Master Servicer’s 's duties shall will include, without limitation, collection and posting of all payments, responding to inquiries of Obligors regarding the Receivables and related Contracts, investigating delinquencies and remitting payments to the Agent in a timely manner. Each of the Borrower, the Company, the Agent and the Bank Investors hereby appoints as its agent the Master Servicer, from time to time designated pursuant to Section 6.1 hereof, to enforce its respective rights and interests in and under the Affected Assets. To the extent permitted by applicable law, each of the Borrower and the Seller hereby grants to any Master Servicer appointed hereunder an irrevocable power of attorney to take any and all steps in the Borrower's and/or the Seller's name and on behalf of the Borrower or the Seller necessary or desirable, in the reasonable determination of the Master Servicer, to collect all amounts due under any and all Receivables, investigating delinquenciesincluding, sending monthly billing statements to Obligorswithout limitation, reporting any required tax information to Obligors, monitoring endorsing the collateral, accounting for collections Borrower's and/or the Seller's name on checks and furnishing monthly other instruments representing Collections and annual statements to the Indenture Trustee, the Administrator enforcing such Receivables and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified hereinrelated Contracts. The Master Servicer shall also administer and enforce all rights and responsibilities set aside for the account of the holder Borrower and the Agent their respective allocable shares of the Collections of Receivables provided for in the Dealer Agreements (accordance with Sections 2.5 and HSBC Finance Corporation 2.6 hereof. The Master Servicer shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, segregate and deposit to the extent it is necessary Agent's account the Agent's allocable share of Collections of Receivables when required pursuant to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, Article II hereof. So long as no Termination Event shall have occurred and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required herebybe continuing, the Master Servicer may, in accordance with the Credit and Collection Policy, extend the maturity of Receivables; provided, however, that such extension or adjustment shall follow its customary standardsnot alter the status of such Receivable as a Delinquent Receivable or a Defaulted Receivable, policiesas applicable. The Master Servicer may not otherwise waive, modify or otherwise vary any provision of a Contract except as consistent with the Credit and procedures and Collection Policy. The Master Servicer may not permit a Receivable to be terminated prior to the scheduled termination date thereof unless such termination results in a payment at least equal to the Required Payoff Amount being deposited into the Collection Account with respect to the related Payment Date. The Borrower shall have full power and authority, acting alone, deliver to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, and the Master Servicer is hereby authorized shall hold in trust for the Borrower and empowered by the Trust to execute and deliverAgent, on behalf of the TrustCompany and the Bank Investors, any and in accordance with their respective interests, all instruments of satisfaction Records which evidence or cancellation, relate to Receivables or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed VehiclesRelated Security. The Master Servicer is hereby authorized to commenceshall not make the Agent, in its own name the Company or in the name any of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as Bank Investors a party or claimant, and to any litigation without the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any prior written consent of such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this AgreementPerson.

Appears in 1 contract

Samples: Loan and Security Agreement (Unicapital Corp)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle vehicles retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Household Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements payment coupons to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator Trustee and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Household Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their act through agents and independent contractors provided that the Master Servicer remains responsible for the performance of its duties in accordance with Section 9.5 hereofunder this Agreement. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles. The Master Servicer is hereby authorized to commence, in its it's own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee Trustee, the Noteholders and the NoteholdersInsurer) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Household Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator Noteholders and the Noteholders Insurer with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Household Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles. The Master Servicer is hereby authorized to commence, in its it's own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service comparable motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises from time to time with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation Advanta is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements payment coupons to Obligors, reporting any required tax information to Obligors, monitoring the collateral, complying with the terms of the Lockbox Agreement, accounting for collections and furnishing monthly and annual statements to the Indenture TrusteeTrust Collateral Agent, the Administrator Trustee and the Noteholders Insurer with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Finance Corporation Advanta shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Unaffiliated Originator Receivables Purchase Agreements, Agreements and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Unaffiliated Originator Receivables Purchase Agreements, Agreements and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles; provided, however, that notwithstanding the foregoing and subject to Section 4.3 hereof, the Master Servicer shall not, except pursuant to an order from a court of competent jurisdiction, release an Obligor from payment of any unpaid amount under any Receivable or waive the right to collect the unpaid balance of any Receivable from the Obligor. The Master Servicer is hereby authorized to commence, in its it's own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee Trust Collateral Agent and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Sale and Servicing (Advanta Automobile Receivables Trust 1997-1)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle vehicles retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation Household is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements payment coupons to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders Trustee with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Finance Corporation Household shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, the Unaffiliated Originator Receivables Purchase Agreements and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, Unaffiliated Originator Receivables Purchase Agreements and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles; provided, however, that notwithstanding the foregoing and subject to Section 4.3 hereof, the Master Servicer shall not, except pursuant to an order from a court of competent jurisdiction, release an Obligor from payment of any unpaid amount under any Receivable or waive the right to collect the unpaid balance of any Receivable from the Obligor. The Master Servicer is hereby authorized to commence, in its it's own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Execution Copy Master Sale and Servicing Agreement (Household Automobile Revolving Trust I)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligation of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures applicable Servicing Agreement and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered by consult with each Servicer as necessary from time-to-time to carry out the Trust to execute Master Servicer's obligations hereunder, shall receive, review and deliverevaluate all reports, on behalf of the Trust, any information and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect data provided to the Receivables Master Servicer by each Servicer and with respect shall cause each Servicer to perform and observe the Financed Vehiclescovenants, obligations and conditions to be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer is hereby authorized shall independently and separately monitor each Servicer's servicing activities with respect to commenceeach related Mortgage Loan, in its own name or reconcile the results of such monitoring with such information provided in the name previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, prepare the statements specified in Section 6.04 and any other information and statements required hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Trust, a legal proceeding Servicers to enforce a Receivable the Protected Account pursuant to the applicable Servicing Agreements. Subject to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name3.05, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer and the Servicers with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem supplied to it reasonably necessary or appropriate to enable the Master Servicer to carry out its master service and the Servicers to service and administer the Mortgage Loans. Notwithstanding anything in this Agreement to the contrary, the Master Servicer shall have no responsibility to supervise, monitor or oversee (or be liable in any way) for the obligations of any Servicer with respect to the servicing and administrative duties administration of any Additional Collateral, including, without limitation, the liquidation of any such Additional Collateral in connection with a default under this Agreementthe related Mortgage Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligation of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in applicable Servicing Agreements, except the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession activities of the Dealer AgreementsServicers with respect to Mortgage Loans that are in default, to the extent it is necessary to do so)including collection activity, the Dealer Assignmentsmodification of Mortgage Loans, the Master Receivables Purchase Agreementsforeclosure, and disposition of REO Property, and the Insurance Policiesprocessing of any FHA or VA claims (“Excluded Servicing Obligations”), to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall, from time to time, receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall otherwise exercise its reasonable best efforts to cause each Servicer to perform and observe the Trust covenants, obligations and conditions to execute be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer shall independently and deliverseparately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on behalf a monthly basis (except in the case of any Mortgage Loan serviced by WMMSC) and coordinate corrective adjustments to the Trust, any Servicers’ and all instruments of satisfaction or cancellation, or of partial or full release or dischargeMaster Servicer’s records, and all based on such reconciled and corrected information, prepare the report specified in Section 4.27 and any other comparable instrumentsinformation, statements and reports required hereunder. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of any Servicer or to enforce the obligations of any Servicer under its Servicing Agreement with respect to (i) calculation of payments due under any Simple Interest Mortgage Loans or any Bi-Weekly Mortgage Loans, (ii) the collection of amounts with respect to the Receivables Mortgage Loans described on the Mortgage Loan Schedule attached as Schedule I-B hereto representing principal and/or interest due and with respect owing on any such Mortgage Loan prior to the Financed Vehicles. The Master Servicer is hereby authorized to commenceCut-off Date or (iii) any Additional Collateral or any limited purpose surety bond relating thereto, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating the collection of any amounts owing to or involving a Receivable, an Obligor or a Financed Vehicle. If the Trust Fund in respect thereof (unless and until the Master Servicer commences or participates shall have assumed the obligations of such Servicer as successor servicer under the related Servicing Agreement, in which case, as successor servicer, it shall be bound to serve and administer the Additional Collateral and any related limited purpose surety bond in accordance with the provisions of such a legal proceeding in Servicing Agreement) or. The Master Servicer shall reconcile the results of its own nameMortgage Loan monitoring with the actual remittances of the Servicers to the Collection Account pursuant to the applicable Servicing Agreements, the Trust shall thereupon be deemed to have automatically assigned such Receivable to except that the Master Servicer solely for purposes shall have no obligation to reconcile any loan level calculations provided by WMMSC. To the extent applicable to the obligations of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any noticesunder this agreement, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer shall at all times comply with the Housing Act, FHA Regulations, the Readjustment Act, VA Regulations, and any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreementguidelines issued thereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Securities Co LLC)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligation of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in applicable Servicing Agreements, except the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession activities of the Dealer AgreementsServicers with respect to Mortgage Loans that are in default, to including collection activity, modification of Mortgage Loans, foreclosure, and disposition of REO Property, the extent it is necessary to do soprocessing of any FHA or VA claims and the activities of any subservicers (“Excluded Servicing Obligations”), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall, from time to time, receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall otherwise exercise its reasonable best efforts to cause each Servicer to perform and observe the Trust covenants, obligations and conditions to execute be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer shall independently and deliverseparately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on behalf of a monthly basis and coordinate corrective adjustments to the Trust, any Servicers’ and all instruments of satisfaction or cancellation, or of partial or full release or dischargeMaster Servicer’s records, and all based on such reconciled and corrected information, prepare the report specified in Section 4.27 and any other comparable instrumentsinformation, statements and reports required hereunder. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of any Servicer or to enforce the obligations of any Servicer under its Servicing Agreement with respect to (i) calculation of payments due under any Simple Interest Mortgage Loans or any Bi-Weekly Mortgage Loans, (ii) the collection of amounts with respect to the Receivables Mortgage Loans described on the Mortgage Loan Schedule attached as Schedule I-B hereto representing principal and/or interest due and with respect owing on any such Mortgage Loan prior to the Financed Vehicles. The Master Servicer is hereby authorized to commenceCut-off Date or (iii) any Additional Collateral or any limited purpose surety bond relating thereto, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating the collection of any amounts owing to or involving a Receivable, an Obligor or a Financed Vehicle. If the Trust Fund in respect thereof (unless and until the Master Servicer commences or participates shall have assumed the obligations of such Servicer as successor servicer under the related Servicing Agreement, in which case, as successor servicer, it shall be bound to serve and administer the Additional Collateral and any related limited purpose surety bond in accordance with the provisions of such a legal proceeding in Servicing Agreement) or. The Master Servicer shall reconcile the results of its own name, Mortgage Loan monitoring with the Trust shall thereupon be deemed actual remittances of the Servicers to have automatically assigned such Receivable the Collection Account pursuant to the applicable Servicing Agreements. To the extent applicable to the obligations of the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimantunder this agreement, and the Master Servicer is authorized shall at all times comply with the Housing Act, FHA Regulations, the Readjustment Act, VA Regulations, and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreementguidelines issued thereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Sec Co LLC Mort Pas THR Certs Ser 2004 A)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the NoteholdersNoteholders [and the Insurer]) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Household Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator Trustee and the Noteholders [and the Insurer] with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Household Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles. The Master Servicer is hereby authorized to commence, in its it's own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp)

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Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the NoteholdersCertificateholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle vehicles retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation Household is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing payment statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders Trustee with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Finance Corporation Household shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles; PROVIDED, HOWEVER, that notwithstanding the foregoing and subject to Section 4.3 hereof, the Master Servicer shall not, except pursuant to an order from a court of competent jurisdiction, release an Obligor from payment of any unpaid amount under any Receivable or waive the right to collect the unpaid balance of any Receivable from the Obligor. The Master Servicer is hereby authorized to commence, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Auto Receivables Corp)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle vehicles retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation Household is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements payment coupons to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders Trustee with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Finance Corporation Household shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, Deal Assignments and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles; PROVIDED, HOWEVER, that notwithstanding the foregoing and subject to Section 4.3 hereof, the Master Servicer shall not, except pursuant to an order from a court of competent jurisdiction, release an Obligor from payment of any unpaid amount under any Receivable or waive the right to collect the unpaid balance of any Receivable from the Obligor. The Master Servicer is hereby authorized to commence, in its it's own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligation of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in applicable Servicing Agreements, except the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession activities of the Dealer AgreementsServicers with respect to Mortgage Loans that are in default, to including collection activity, modification of Mortgage Loans, foreclosure, and disposition of REO Property, the extent it is necessary to do soprocessing of any FHA or VA claims and the activities of any subservicers (“Excluded Servicing Obligations”), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall, from time to time, receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall otherwise exercise its reasonable best efforts to cause each Servicer to perform and observe the Trust covenants, obligations and conditions to execute be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer shall independently and deliverseparately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on behalf a monthly basis (except, if applicable, in the case of any Mortgage Loan serviced by Washington Mutual Mortgage Securities Corp.) and coordinate corrective adjustments to the Trust, any Servicers’ and all instruments of satisfaction or cancellation, or of partial or full release or dischargeMaster Servicer’s records, and all based on such reconciled and corrected information, prepare the report specified in Section 4.27 and any other comparable instrumentsinformation, statements and reports required hereunder. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of any Servicer or to enforce the obligations of any Servicer under its Servicing Agreement with respect to (i) calculation of payments due under any Simple Interest Mortgage Loans or any Non-Monthly Mortgage Loans, (ii) the collection of amounts with respect to the Receivables Mortgage Loans described on the Mortgage Loan Schedule attached as Schedule I-B hereto representing principal and/or interest due and with respect owing on any such Mortgage Loan prior to the Financed Vehicles. The Master Servicer is hereby authorized to commenceCut-off Date or (iii) any Additional Collateral or any limited purpose surety bond relating thereto, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating the collection of any amounts owing to or involving a Receivable, an Obligor or a Financed Vehicle. If the Trust Fund in respect thereof (unless and until the Master Servicer commences or participates shall have assumed the obligations of such Servicer as successor servicer under the related Servicing Agreement, in which case, as successor servicer, it shall be bound to serve and administer the Additional Collateral and any related limited purpose surety bond in accordance with the provisions of such a legal proceeding in Servicing Agreement). The Master Servicer shall reconcile the results of its own nameMortgage Loan monitoring with the actual remittances of the Servicers to the Collection Account pursuant to the applicable Servicing Agreements, the Trust shall thereupon be deemed to have automatically assigned such Receivable to except, if applicable, that the Master Servicer solely for purposes shall have no obligation to reconcile any loan-level calculations provided by Washington Mutual Mortgage Securities Corp.). To the extent applicable to the obligations of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any noticesunder this agreement, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer shall at all times comply with the Housing Act, FHA Regulations, the Readjustment Act, VA Regulations, and any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreementguidelines issued thereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortage Pass-Through Trust 2005-D)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligation of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in applicable Servicing Agreements, except the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession activities of the Dealer AgreementsServicers with respect to Mortgage Loans that are in default, to the extent it is necessary to do so)including collection activity, the Dealer Assignmentsmodification of Mortgage Loans, the Master Receivables Purchase Agreementsforeclosure, and disposition of REO Property, and the Insurance Policiesprocessing of any FHA or VA claims (“Excluded Servicing Obligations”), to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall, from time to time, receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall otherwise exercise its reasonable best efforts to cause each Servicer to perform and observe the Trust covenants, obligations and conditions to execute be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer shall independently and deliverseparately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on behalf a monthly basis (except in the case of any Mortgage Loan serviced by Residential Funding Corporation) and coordinate corrective adjustments to the Trust, any Servicers’ and all instruments of satisfaction or cancellation, or of partial or full release or dischargeMaster Servicer’s records, and all based on such reconciled and corrected information, prepare the report specified in Section 4.27 and any other comparable instrumentsinformation, statements and reports required hereunder. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of any Servicer or to enforce the obligations of any Servicer under its Servicing Agreement with respect to (i) calculation of payments due under any Simple Interest Mortgage Loans or any Bi-Weekly Mortgage Loans, (ii) the collection of amounts with respect to the Receivables Mortgage Loans described on the Mortgage Loan Schedule attached as Schedule I-B hereto representing principal and/or interest due and with respect owing on any such Mortgage Loan prior to the Financed Vehicles. The Master Servicer is hereby authorized to commenceCut-off Date or (iii) any Additional Collateral or any limited purpose surety bond relating thereto, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating the collection of any amounts owing to or involving a Receivable, an Obligor or a Financed Vehicle. If the Trust Fund in respect thereof (unless and until the Master Servicer commences or participates shall have assumed the obligations of such Servicer as successor servicer under the related Servicing Agreement, in which case, as successor servicer, it shall be bound to serve and administer the Additional Collateral and any related limited purpose surety bond in accordance with the provisions of such a legal proceeding in Servicing Agreement) or. The Master Servicer shall reconcile the results of its own name, Mortgage Loan monitoring with the Trust shall thereupon be deemed actual remittances of the Servicers to have automatically assigned such Receivable the Collection Account pursuant to the applicable Servicing Agreements except that the Master Servicer solely for purposes shall have no obligation to reconcile any loan level calculations provided by Residential Funding Corporation. To the extent applicable to the obligations of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any noticesunder this agreement, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer shall at all times comply with the Housing Act, FHA Regulations, the Readjustment Act, VA Regulations, and any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreementguidelines issued thereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Corp Mortgage Pass THR Certs Ser 2003-E)

Duties of the Master Servicer. (a) The Master Servicer is hereby authorized shall take or cause to act be taken all such action as agent for the Trust (and also on behalf of the Indenture Trustee may be necessary or advisable to collect all payments due under each Receivable and the Noteholders) and in such capacity shall managerelated Contract from time to time, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out all in accordance with customary applicable laws, rules and usual procedures of institutions which service motor vehicle retail installment sales contracts andregulations, to the extent more exactingwith reasonable care and diligence, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply in accordance with the standard Credit and customary procedures for servicing all of its comparable motor vehicle receivablesCollection Policy. The Master Servicer’s 's duties shall will include, without limitation, collection and posting of all payments, responding to inquiries of Obligors regarding the Receivables and related Contracts, investigating delinquencies and remitting payments to the Agent in a timely manner. Each of the Pledgors, the Company, the Agent and the Bank Investors hereby appoints as its agent the Master Servicer, from time to time designated pursuant to Section 6.1 hereof, to enforce its respective rights and interests in and under the Affected Assets. To the extent permitted by applicable law, each of the Pledgors and the Seller hereby grants to any Master Servicer appointed hereunder an irrevocable power of attorney to take any and all steps in the Pledgors' and/or the Seller's name and on behalf of the Pledgors or the Seller necessary or desirable, in the reasonable determination of the Master Servicer, to collect all amounts due under any and all Receivables, investigating delinquenciesincluding, sending monthly billing statements to Obligorswithout limitation, reporting any required tax information to Obligors, monitoring endorsing the collateral, accounting for collections Pledgors' and/or the Seller's name on checks and furnishing monthly other instruments representing Collections and annual statements to the Indenture Trustee, the Administrator enforcing such Receivables and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified hereinrelated Contracts. The Master Servicer shall also administer and enforce all rights and responsibilities set aside for the account of the holder Pledgors and the Agent their respective allocable shares of the Collections of Receivables provided for in the Dealer Agreements (accordance with Sections 2.5 and HSBC Finance Corporation 2.6 hereof. The Master Servicer shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, segregate and deposit to the extent it is necessary Agent's account the Agent's allocable share of Collections of Receivables when required pursuant to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, Article II hereof. So long as no Termination Event shall have occurred and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required herebybe continuing, the Master Servicer may, in accordance with the Credit and Collection Policy, extend the maturity of Receivables; provided, however, that such extension or adjustment shall follow its customary standardsnot alter the status of such Receivable as a Delinquent Receivable or a Defaulted Receivable, policiesas applicable. The Master Servicer may not otherwise waive, modify or otherwise vary any provision of a Contract except as consistent with the Credit and procedures and Collection Policy. The Master Servicer may not permit a Receivable to be terminated prior to the scheduled termination date thereof unless such termination results in a payment at least equal to the Required Payoff Amount being deposited into the Collection Account with respect to the related Payment Date. The Pledgors shall have full power and authority, acting alone, deliver to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, and the Master Servicer is hereby authorized shall hold in trust for the Pledgors and empowered by the Trust to execute and deliverAgent, on behalf of the TrustCompany and the Bank Investors, any and in accordance with their respective interests, all instruments of satisfaction Records which evidence or cancellation, relate to Receivables or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed VehiclesRelated Security. The Master Servicer is hereby authorized to commenceshall not make the Agent, in its own name the Company or in the name any of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as Bank Investors a party or claimant, and to any litigation without the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any prior written consent of such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this AgreementPerson.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Unicapital Corp)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer supervise, monitor and enforce all rights and responsibilities oversee the obligation of the holder Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the Receivables provided for in applicable Servicing Agreements, except the Dealer Agreements (and HSBC Finance Corporation shall make commercially reasonable efforts to obtain possession activities of the Dealer AgreementsServicers with respect to Mortgage Loans that are in default, to including collection activity, modification of Mortgage Loans, foreclosure, and disposition of REO Property, the extent it is necessary to do soprocessing of any FHA or VA claims and the activities of any subservicers (“Excluded Servicing Obligations”), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, authority to do any and all things in connection with such managing, servicing, administration and collection that which it may deem necessary or desirabledesirable in connection with such master servicing and administration. In performing such dutiesits obligations hereunder, the Master Servicer or any Subservicer may delegate their duties shall act in accordance a manner consistent with Section 9.5 hereofAccepted Master Servicing Practices. Without limiting the generality of the foregoingFurthermore, the Master Servicer is hereby authorized shall oversee and empowered consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall, from time to time, receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall otherwise exercise its reasonable best efforts to cause each Servicer to perform and observe the Trust covenants, obligations and conditions to execute be performed or observed by such Servicer under the applicable Servicing Agreement. The Master Servicer shall independently and deliverseparately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on behalf a monthly basis (except in the case of any Mortgage Loan serviced by Residential Funding Corporation or Washington Mutual Mortgage Securities Corp.) and coordinate corrective adjustments to the Trust, any Servicers’ and all instruments of satisfaction or cancellation, or of partial or full release or dischargeMaster Servicer’s records, and all based on such reconciled and corrected information, prepare the report specified in Section 4.27 and any other comparable instrumentsinformation, statements and reports required hereunder. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of any Servicer or to enforce the obligations of any Servicer under its Servicing Agreement with respect to (i) calculation of payments due under any Simple Interest Mortgage Loans or any Bi-Weekly Mortgage Loans, (ii) the collection of amounts with respect to the Receivables Mortgage Loans described on the Mortgage Loan Schedule attached as Schedule I-B hereto representing principal and/or interest due and with respect owing on any such Mortgage Loan prior to the Financed Vehicles. The Master Servicer is hereby authorized to commenceCut-off Date or (iii) any Additional Collateral or any limited purpose surety bond relating thereto, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating the collection of any amounts owing to or involving a Receivable, an Obligor or a Financed Vehicle. If the Trust Fund in respect thereof (unless and until the Master Servicer commences or participates shall have assumed the obligations of such Servicer as successor servicer under the related Servicing Agreement, in which case, as successor servicer, it shall be bound to serve and administer the Additional Collateral and any related limited purpose surety bond in accordance with the provisions of such a legal proceeding in Servicing Agreement) or. The Master Servicer shall reconcile the results of its own nameMortgage Loan monitoring with the actual remittances of the Servicers to the Collection Account pursuant to the applicable Servicing Agreements, the Trust shall thereupon be deemed to have automatically assigned such Receivable to except that the Master Servicer solely for purposes shall have no obligation to reconcile any loan-level calculations provided by Residential Funding Corporation or Washington Mutual Mortgage Securities Corp.). To the extent applicable to the obligations of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any noticesunder this agreement, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer shall at all times comply with the Housing Act, FHA Regulations, the Readjustment Act, VA Regulations, and any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreementguidelines issued thereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Sec Co LLC Mort Pas THR Certs Ser 2004 C)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle vehicles retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Household Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing payment statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders Trustee with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Household Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles. The Master Servicer is hereby authorized to commence, in its it's own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Household Finance Corporation is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Household Finance Corporation shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles. The Master Servicer is hereby authorized to commence, in its it’s own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Automotive Trust 2004-1)

Duties of the Master Servicer. The Master Servicer is hereby authorized to act as agent for the Trust (and also on behalf of the Indenture Trustee and the Noteholders) and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Master Servicer under this Agreement, the Indenture and the Series Supplement. The Master Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle vehicles retail installment sales contracts and, to the extent more exacting, the degree of skill and attention that the Master Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as HSBC Finance Corporation Household is the Master Servicer, it shall comply with the standard and customary procedures for servicing all of its comparable motor vehicle receivables. The Master Servicer’s 's duties shall include, without limitation, collection and posting of all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending monthly billing payment statements to Obligors, reporting any required tax information to Obligors, monitoring the collateral, accounting for collections and furnishing monthly and annual statements to the Indenture Trustee, the Administrator and the Noteholders Trustee with respect to distributions, monitoring the status of Insurance Policies with respect to the Financed Vehicles and performing the other duties specified herein. The Master Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and HSBC Finance Corporation Household shall make commercially reasonable efforts to obtain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments, the Master Receivables Purchase Agreements, Assignments and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Master Servicer Servier shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. In performing such duties, the Master Servicer or any Subservicer may delegate their duties in accordance with Section 9.5 hereof. Without limiting the generality of the foregoing, the Master Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles; PROVIDED, HOWEVER, that notwithstanding the foregoing and subject to Section 4.3 hereof, the Master Servicer shall not, except pursuant to an order from a court of competent jurisdiction, release an Obligor from payment of any unpaid amount under any Receivable or waive the right to collect the unpaid balance of any Receivable from the Obligor. The Master Servicer is hereby authorized to commence, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Master Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Master Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Master Servicer is authorized and empowered by the Trust to execute and deliver in the Master Servicer’s 's name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Indenture Trustee and the Owner Trustee shall furnish the Master Servicer with any powers of attorney and other documents which the Master Servicer may reasonably request and which the Master Servicer deems necessary or appropriate and take any other steps which the Master Servicer may deem reasonably necessary or appropriate to enable the Master Servicer to carry out its servicing and administrative duties under this Agreement.

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp)

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