Common use of Intended Third Party Beneficiaries Clause in Contracts

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trustee, the Master Servicer, the Depositor and the Trust Fund receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trustee, the Master Servicer, the Depositor and the Trust Fund as if they were parties to this Agreement, and the Trustee, the Master Servicer, the Depositor and the Trust Fund shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trustee, the Master Servicer, the Depositor and the Trust Fund hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 71. A new Section 12.15 (Request for Release) is hereby added to read as follows:

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7151. A new Section 12.15 Exhibit D-3 (Request for ReleaseForm of Loan Loss Report) is hereby added to read as follows:the SWSA. 52. Exhibit L (Transaction Parties) is hereby added to the SWSA. 53. Exhibit H to the SWSA is hereby replaced by Exhibit M attached hereto. Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7150. A new Section 12.15 Exhibit L (Request for ReleaseTransaction Parties) is hereby added to read as follows:the SWSA.

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trustee, the Master Servicer, Trust Administrator and the Depositor and the Trust Fund receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Administrator, the Certificate Insurer, the Master Servicer, Servicer and the Depositor and the Trust Fund as if they were parties to this Agreement, and the TrusteeTrust Administrator, the Certificate Insurer, the Master Servicer, Servicer and the Depositor and the Trust Fund shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement or the Credit Risk Manager Agreement. Notwithstanding the foregoing, all rights of the Trust Administrator, the Certificate Insurer, the Master Servicer and the Depositor (other than the right to indemnification) and all rights and obligations of the Trustee, the Master Servicer, the Depositor and the Trust Fund Servicer hereunder (other than the right to indemnification) shall terminate upon the termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Pooling and Servicing Agreement. 71. A new Section 12.15 (Request for Releasecopy of all assessments, attestations, reports and certifications required to be delivered by the Servicer under this Agreement shall be delivered to the Master Servicer by the date(s) is hereby added specified herein, and where such documents are required to read as follows:be addressed to any party, such addresses shall include the Master Servicer and the Master Servicer shall be entitled to rely on such documents.

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Depositor, the Master Servicer, the Depositor Servicer and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Depositor, the Master Servicer, the Depositor Servicer and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Depositor, the Master Servicer, the Depositor Servicer and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Depositor, the Master Servicer, the Depositor Servicer and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Pooling and Servicing Agreement and of the Trust Fund pursuant to the Trust Pooling and Servicing Agreement. 71. A new Section 12.15 (Request for Release) is hereby added to read as follows:

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7149. A new Section 12.15 Exhibit D-3 (Request for ReleaseForm of Loan Loss Report) is hereby added to read as follows:the SWSA. 50. Exhibit L (Transaction Parties) is hereby added to the SWSA. 51. Exhibit H to the SWSA is hereby replaced in its entirety by Exhibit M attached hereto. ARTICLE I. INVNUM

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7147. A new Section 12.15 Exhibit L (Request for ReleaseTransaction Parties) is hereby added to read as follows:the SWSA. 48. Exhibit M (Affiliations) is hereby added to the SWSA. Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7149. A new Section 12.15 Exhibit L (Request for ReleaseTransaction Parties) is hereby added to read as follows:the SWSA. Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 71. A new Section 12.15 50. Exhibit D-3 (Request for ReleaseForm of Loan Loss Report) is hereby added to read as follows:the Master SWSA.

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7151. A new Section 12.15 Exhibit D-3 (Request for ReleaseForm of Loan Loss Report) is hereby added to read as follows:the SWSA. 52. Exhibit L (Transaction Parties) is hereby added to the SWSA. 53. Exhibit H to the SWSA is hereby replaced in its entirety by Exhibit M attached hereto. Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7150. A new Section 12.15 Exhibit D-3 (Request for ReleaseForm of Loan Loss Report) is hereby added to read as follows:the Master SWSA. 51. Exhibit L (Transaction Parties) is hereby added to the Master SWSA.

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 71. A new Section 12.15 49. Exhibit L (Request for ReleaseTransaction Parties) is hereby added to read as follows:the SWSA.

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7152. A new Section 12.15 Exhibit D-3 (Request for ReleaseForm of Loan Loss Report) is hereby added to read as follows:the Master SWSA. 53. Exhibit L (Transaction Parties) is hereby added to the Master SWSA. EXHIBIT C Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trustee, the Master Servicer, the Depositor Trustee and the Trust Fund Guarantor receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trustee, the Master Servicer, the Depositor Trustee and the Trust Fund Guarantor as if they were parties to this Agreement, and the Trustee, the Master Servicer, the Depositor Trustee and the Trust Fund Guarantor shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement or the Loss Mitigation Advisory Agreement. Notwithstanding the foregoing, all rights and obligations of the Trustee, Servicer to the Master Servicer, the Depositor and Trustee, the Trust Fund or the Guarantor hereunder (other than the right to indemnification) shall terminate upon the earlier of: (i) the termination of Servicer as the servicer of the Mortgage Loans under the Agreement and the appointment of a successor servicer and (2) the termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 71. A new Section 12.15 (Request for Release) is hereby added to read as follows:

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7150. A new Section 12.15 Exhibit D-3 (Request for ReleaseForm of Loan Loss Report) is hereby added to read as follows:the SWSA. 51. Exhibit L (Transaction Parties) is hereby added to the SWSA. 52. Exhibit H to the SWSA is hereby replaced in its entirety by Exhibit M attached hereto.

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trustee, the Master Servicer, the Depositor and the Trust Fund receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trustee, the Master Servicer, the Depositor and the Trust Fund as if they were parties to this Agreement, and the Trustee, the Master Servicer, the Depositor and the Trust Fund shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trustee, the Master Servicer, the Depositor and the Trust Fund hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7172. A new Section 12.15 (Request for Release) is hereby added to read as follows:

Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee as if they were parties to this Agreement, and the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the TrusteeTrust Fund, the Master Servicer, the Depositor and the Trust Fund Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Trust Agreement and of the Trust Fund pursuant to the Trust Agreement. 7148. A new Section 12.15 Exhibit D-3 (Request for ReleaseForm of Loan Loss Report) is hereby added to read as follows:the SWSA. 49. Exhibit L (Transaction Parties) is hereby added to the SWSA. 50. Exhibit H to the SWSA is hereby replaced in its entirety by Exhibit M attached hereto.