Common use of Limited Pledge of Servicing Clause in Contracts

Limited Pledge of Servicing. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the pledge of Borrower’s right, title and interest in mortgage servicing rights under servicing agreements with an Agency shall only secure Borrower’s debt to the Lender incurred under a facility used in whole or in part for the purposes of, or to refinance a facility used in whole or in part for the purposes of, purchasing Mortgage Loan servicing rights; provided, that the foregoing provisions of this paragraph shall be deemed automatically supplemented or amended if and to the extent such Agency supplements or amends the corresponding requirement, whether in its rules, regulations, guides, Servicing Agreements, Acknowledgment Agreements, or published announcements or otherwise waives or grants exceptions from such requirement, and in each instance, with the same substantive force and effect; and provided further that the security interest created hereby is subject to the following provision to be included in each financing statement filed in respect hereof: The Security Interest described in this financing statement is subordinate to all rights of Fxxxxx Mxx under (0 the terms of an Acknowledgment Agreement, with respect to the Security Interest among Fxxxxx Mae, AmeriHome Mortgage Company, LLC (the “Debtor’) and Nexbank SSB, and (ii) the Mortgage Selling and Servicing Contract, the Fxxxxx Mxx Selling Guide, the Fxxxxx Mae Servicing Guide and all supplemental servicing instructions or directives provided by Fxxxxx Mxx, all applicable master agreements, recourse agreements, repurchase agreements, indemnification agreements, loss-sharing agreements, and any other agreements between Fxxxxx Mae and the Debtor, and all as amended, restated or supplemented from time to time (collectively, the “Fxxxxx Mxx Lender Contract’), which rights include the right of Fxxxxx Mae to terminate the Fxxxxx Mxx Lender Contract with or without cause and the right to sell, or have transferred, the Servicing Rights.

Limited Pledge of Servicing. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the pledge of Borrower’s right, title and interest in mortgage servicing contract rights under servicing agreements Approved Servicing Agreements with an the Agency shall only secure Borrower’s debt to the Lender Administrative Agent incurred under a facility used in whole or in part for the purposes of, or to refinance a facility used in whole or in part for the purposes of, purchasing Mortgage Loan servicing rights; provided, that the foregoing provisions of this paragraph shall be deemed automatically supplemented or amended if and to the extent such the Agency supplements or amends the corresponding requirement, whether in its rules, regulations, guides, the Servicing AgreementsAgreement, the Acknowledgment AgreementsAgreement, or published announcements or otherwise waives or grants exceptions from such requirement, and in each instance, with the same substantive force and effect; and provided further that the security interest created hereby with respect to the Servicing Rights is subject to the following provision to be included in each financing statement filed in respect hereof: The Security Interest described in Notice with respect to Freddie Mac Mortgage Loans: Notwithstanding anything to the contrary herein, the security interest publicized or perfected by this financing statement is subject and subordinate in each and every respect (a) to all rights rights, powers and prerogatives of Fxxxxx Mxx the Federal Home Loan Mortgage Corporation (“Xxxxxxx Xxx”) under (0 and in connection with the terms of an Acknowledgment AgreementPurchase Documents, with respect to as that term is defined in the Security Interest among Fxxxxx Mae, AmeriHome Mortgage Company, LLC (the “Debtor’) and Nexbank SSB, and (ii) the Mortgage Selling and Servicing Contract, the Fxxxxx Mxx Selling Xxxxxxx Mac Single-Family Seller/Servicer Guide, the Fxxxxx Mae Servicing Guide and all supplemental servicing instructions or directives provided by Fxxxxx Mxx, all applicable master agreements, recourse agreements, repurchase agreements, indemnification agreements, loss-sharing agreements, and any other agreements between Fxxxxx Mae and the Debtor, and all as amended, restated or supplemented from time to time (collectively, the “Fxxxxx Mxx Lender Contract’), which rights include include, without limitation, the right of Fxxxxx Mae Xxxxxxx Mac to terminate disqualify (in whole or in part) the Fxxxxx Mxx Lender Contract debtor named herein as an approved Xxxxxxx Xxx Xxxxxx/Servicer, with or without cause cause, and the right to sellterminate (in whole or in part) the unitary, indivisible master servicing contract and to transfer and sell all or have transferredany portion of said servicing contract rights, as provided in the Servicing RightsPurchase Documents; (b) to all claims of Freddie Mac arising out of or relating to any and all breaches, defaults and outstanding obligations of the debtor to Freddie Mac; and (c) the first-priority security interest of Freddie Mac in the debtor’s right, title and interest in, to, and under such master servicing contract and certain other collateral identified in the Purchase Documents.

Limited Pledge of Servicing. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the pledge of Borrower’s right, title and interest in mortgage servicing rights under servicing agreements Approved Servicing Agreements with an a Designated Agency shall only secure Borrower’s debt to the Lender incurred under a facility used in whole or in part for the purposes of, or to refinance a facility used in whole or in part for the purposes of, purchasing Mortgage Loan servicing rights; provided, that the foregoing provisions of this paragraph shall be deemed automatically supplemented or amended if and to the extent such Designated Agency supplements or amends the corresponding requirement, whether in its rules, regulations, guides, Servicing Agreements, Acknowledgment Agreements, or published announcements or otherwise waives or grants exceptions from such requirement, and in each instance, with the same substantive force and effect; and provided further that the security interest created hereby with respect to the Agency Servicing Rights is subject to the following provision to be included in each financing statement filed in respect hereof: The Security Interest described in Notice with respect to Xxxxxxx Mac Mortgage Loans: Notwithstanding anything to the contrary herein, the security interest publicized or perfected by this financing statement is subject and subordinate in each and every respect (a) to all rights rights, powers and prerogatives of Fxxxxx Mxx the Federal Home Loan Mortgage Corporation (“Xxxxxxx Mac”) under (0 and in connection with the terms of an Acknowledgment AgreementPurchase Documents, with respect to as that term is defined in the Security Interest among Fxxxxx Mae, AmeriHome Mortgage Company, LLC (the “Debtor’) and Nexbank SSB, and (ii) the Mortgage Selling and Servicing Contract, the Fxxxxx Mxx Selling Xxxxxxx Mac Single-Family Seller/Servicer Guide, the Fxxxxx Mae Servicing Guide and all supplemental servicing instructions or directives provided by Fxxxxx Mxx, all applicable master agreements, recourse agreements, repurchase agreements, indemnification agreements, loss-sharing agreements, and any other agreements between Fxxxxx Mae and the Debtor, and all as amended, restated or supplemented from time to time (collectively, the “Fxxxxx Mxx Lender Contract’), which rights include include, without limitation, the right of Fxxxxx Mae Xxxxxxx Mac to terminate disqualify (in whole or in part) the Fxxxxx Mxx Lender Contract debtor named herein as an approved Xxxxxxx Mac Seller/Servicer, with or without cause cause, and the right to sellterminate (in whole or in part) the unitary, indivisible master servicing contract and to transfer and sell all or have transferredany portion of said servicing contract rights, as provided in the Servicing RightsPurchase Documents; and (b) to all claims of Xxxxxxx Mac arising out of or relating to any and all breaches, defaults and outstanding obligations of the debtor to Xxxxxxx Mac.

Limited Pledge of Servicing. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the pledge of Borrower’s right, title and interest in mortgage servicing rights under servicing agreements Approved Servicing Agreements with an a Designated Agency shall only secure Borrower’s debt to the Lender incurred under a facility used in whole or in part for the purposes of, or to refinance a facility used in whole or in part for the purposes of, purchasing Mortgage Loan servicing rights; provided, that the foregoing provisions of this paragraph shall be deemed automatically supplemented or amended if and to the extent such Designated Agency supplements or amends the corresponding requirement, whether in its rules, regulations, guides, Servicing Agreements, Acknowledgment Agreements, or published announcements or otherwise waives or grants exceptions from such requirement, and in each instance, with the same substantive force and effect; and provided further that the security interest created hereby with respect to the Agency Servicing Rights is subject to the following provision to be included in each financing statement filed in respect hereof: The Security Interest described in Notice with respect to Xxxxxxx Mac Mortgage Loans: Notwithstanding anything to the contrary herein, the security interest publicized or perfected by this financing statement is subject and subordinate in each and every respect (a) to all rights rights, powers and prerogatives of Fxxxxx Mxx the Federal Home Loan Mortgage Corporation (“Xxxxxxx Mac”) under (0 and in connection with the terms of an Acknowledgment AgreementPurchase Documents, with respect to as that term is defined in the Security Interest among Fxxxxx Mae, AmeriHome Mortgage Company, LLC (the “Debtor’) and Nexbank SSB, and (ii) the Mortgage Selling and Servicing Contract, the Fxxxxx Mxx Selling Xxxxxxx Mac Single-Family Seller/Servicer Guide, the Fxxxxx Mae Servicing Guide and all supplemental servicing instructions or directives provided by Fxxxxx Mxx, all applicable master agreements, recourse agreements, repurchase agreements, indemnification agreements, loss-sharing agreements, and any other agreements between Fxxxxx Mae and the Debtor, and all as amended, restated or supplemented from time to time (collectively, the “Fxxxxx Mxx Lender Contract’), which rights include include, without limitation, the right of Fxxxxx Mae Xxxxxxx Mac to terminate disqualify (in whole or in part) the Fxxxxx Mxx Lender Contract debtor named herein as an approved Xxxxxxx Mac Seller/Servicer, with or without cause cause, and the right to sellterminate (in whole or in part) the unitary, indivisible master servicing contract and to transfer and sell all or have transferredany portion of said servicing contract rights, as provided in the Servicing RightsPurchase Documents; and (b) to all claims of Xxxxxxx Mac arising out of or relating to any and all breaches, defaults and outstanding obligations of the debtor to Xxxxxxx Mac.”

Limited Pledge of Servicing. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the pledge of Borrower’s right, title and interest in mortgage servicing contract rights under servicing agreements Approved Servicing Agreements with an the Agency shall only secure Borrower’s debt to the Lender Administrative Agent incurred under a facility used in whole or in part for the purposes of, or to refinance a facility used in whole or in part for the purposes of, purchasing Mortgage Loan servicing rights; provided, that the foregoing provisions of this paragraph shall be deemed automatically supplemented or amended if and to the extent such the Agency supplements or amends the corresponding requirement, whether in its rules, regulations, guides, the Servicing AgreementsAgreement, the Acknowledgment AgreementsAgreement, or published announcements or otherwise waives or grants exceptions from such requirement, and in each instance, with the same substantive force and effect; and provided further that the security 28 Credit and Security Agreement / interest created hereby with respect to the Servicing Rights is subject to the following provision to be included in each financing statement filed in respect hereof: The Security Interest described in Notice with respect to Freddie Mac Mortgage Loans: Notwithstanding anything to the contrary herein, the security interest publicized or perfected by this financing statement is subject and subordinate in each and every respect (a) to all rights rights, powers and prerogatives of Fxxxxx Mxx the Federal Home Loan Mortgage Corporation (“Xxxxxxx Xxx”) under (0 and in connection with the terms of an Acknowledgment AgreementPurchase Documents, with respect to as that term is defined in the Security Interest among Fxxxxx Mae, AmeriHome Mortgage Company, LLC (the “Debtor’) and Nexbank SSB, and (ii) the Mortgage Selling and Servicing Contract, the Fxxxxx Mxx Selling Xxxxxxx Mac Single-Family Seller/Servicer Guide, the Fxxxxx Mae Servicing Guide and all supplemental servicing instructions or directives provided by Fxxxxx Mxx, all applicable master agreements, recourse agreements, repurchase agreements, indemnification agreements, loss-sharing agreements, and any other agreements between Fxxxxx Mae and the Debtor, and all as amended, restated or supplemented from time to time (collectively, the “Fxxxxx Mxx Lender Contract’), which rights include include, without limitation, the right of Fxxxxx Mae Xxxxxxx Mac to terminate disqualify (in whole or in part) the Fxxxxx Mxx Lender Contract debtor named herein as an approved Xxxxxxx Xxx Xxxxxx/Servicer, with or without cause cause, and the right to sellterminate (in whole or in part) the unitary, indivisible master servicing contract and to transfer and sell all or have transferredany portion of said servicing contract rights, as provided in the Servicing RightsPurchase Documents; (b) to all claims of Freddie Mac arising out of or relating to any and all breaches, defaults and outstanding obligations of the debtor to Freddie Mac; and (c) the first-priority security interest of Freddie Mac in the debtor’s right, title and interest in, to, and under such master servicing contract and certain other collateral identified in the Purchase Documents.

Limited Pledge of Servicing. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the pledge of Borrower’s right, title and interest in mortgage servicing contract rights under servicing agreements Approved Servicing Agreements with an a Designated Agency shall only secure Borrower’s debt to the Lender incurred under a facility used in whole or in part for the purposes of, or to refinance a facility used in whole or in part for the purposes of, purchasing Mortgage Loan servicing rights; provided, that the foregoing provisions of this paragraph shall be deemed automatically supplemented or amended if and to the extent such Designated Agency supplements or amends the corresponding requirement, whether in its rules, regulations, guides, Servicing Agreements, Acknowledgment Agreements, or published announcements or otherwise waives or grants exceptions from such requirement, and in each instance, with the same substantive force and effect; and provided further that the security interest created hereby with respect to the Agency Servicing Rights is subject to the following provision to be included in each financing statement filed in respect hereof: The Security Interest described in Notice with respect to Freddie Mac Mortgage Loans: Notwithstanding anything to the contrary herein, the security interest publicized or perfected by this financing statement is subject and subordinate in each and every respect (a) to all rights rights, powers and prerogatives of Fxxxxx Mxx the Federal Home Loan Mortgage Corporation (“Xxxxxxx Xxx”) under (0 and in connection with the terms of an Acknowledgment AgreementPurchase Documents, with respect to as that term is defined in the Security Interest among Fxxxxx Mae, AmeriHome Mortgage Company, LLC (the “Debtor’) and Nexbank SSB, and (ii) the Mortgage Selling and Servicing Contract, the Fxxxxx Mxx Selling Xxxxxxx Mac Single-Family Seller/Servicer Guide, the Fxxxxx Mae Servicing Guide and all supplemental servicing instructions or directives provided by Fxxxxx Mxx, all applicable master agreements, recourse agreements, repurchase agreements, indemnification agreements, loss-sharing agreements, and any other agreements between Fxxxxx Mae and the Debtor, and all as amended, restated or supplemented from time to time (collectively, the “Fxxxxx Mxx Lender Contract’), which rights include include, without limitation, the right of Fxxxxx Mae Xxxxxxx Mac to terminate disqualify (in whole or in part) the Fxxxxx Mxx Lender Contract debtor named herein as an approved Xxxxxxx Xxx Xxxxxx/Servicer, with or without cause cause, and the right to sellterminate (in whole or in part) the unitary, indivisible master servicing contract and to transfer and sell all or have transferredany portion of said servicing contract rights, as provided in the Servicing RightsPurchase Documents; and (b) to all claims of Freddie Mac arising out of or relating to any and all breaches, defaults and outstanding obligations of the debtor to Freddie Mac.

Limited Pledge of Servicing. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the pledge of Borrower’s right, title and interest in mortgage servicing contract rights under servicing agreements Approved Servicing Agreements with an the Agency shall only secure Borrower’s debt to the Lender Administrative Agent incurred under a facility used in whole or in part for the purposes of, or to refinance a facility used in whole or in part for the purposes of, purchasing Mortgage Loan servicing rights; provided, that the foregoing provisions of this paragraph shall be deemed automatically supplemented or amended if and to the extent such the Agency supplements or amends the corresponding requirement, whether in its rules, regulations, guides, the Servicing AgreementsAgreement, the Acknowledgment AgreementsAgreement, or published announcements or otherwise waives or grants exceptions from such requirement, and in each instance, with the same substantive force and effect; and provided further that the security interest created hereby with respect to the Servicing Rights is subject to the following provision to be included in each financing statement filed in respect hereof: The Security Interest described in Notice with respect to Freddie Mac Mortgage Loans: Notwithstanding anything to the contrary herein, the security interest publicized or perfected by this financing statement is subject and subordinate in each and every respect (a) to all rights rights, powers and prerogatives of Fxxxxx Mxx the Federal Home Loan Mortgage Corporation (“Freddie Mac”) under (0 and in connection with the terms of an Acknowledgment AgreementPurchase Documents, with respect to as that term is defined in the Security Interest among Fxxxxx Mae, AmeriHome Mortgage Company, LLC (the “Debtor’) and Nexbank SSB, and (ii) the Mortgage Selling and Servicing Contract, the Fxxxxx Mxx Selling Freddie Mac Single-Family Seller/Servicer Guide, the Fxxxxx Mae Servicing Guide and all supplemental servicing instructions or directives provided by Fxxxxx Mxx, all applicable master agreements, recourse agreements, repurchase agreements, indemnification agreements, loss-sharing agreements, and any other agreements between Fxxxxx Mae and the Debtor, and all as amended, restated or supplemented from time to time (collectively, the “Fxxxxx Mxx Lender Contract’), which rights include include, without limitation, the right of Fxxxxx Mae Freddie Mac to terminate disqualify (in whole or in part) the Fxxxxx Mxx Lender Contract debtor named herein as an approved Freddie Mac Seller/Servicer, with or without cause cause, and the right to sellterminate (in whole or in part) the unitary, indivisible master servicing contract and to transfer and sell all or have transferredany portion of said servicing contract rights, as provided in the Servicing RightsPurchase Documents; (b) to all claims of Freddie Mac arising out of or relating to any and all breaches, defaults and outstanding obligations of the debtor to Freddie Mac; and (c) the first-priority security interest of Freddie Mac in the debtor’s right, title and interest in, to, and under such master servicing contract and certain other collateral identified in the Purchase Documents.

Limited Pledge of Servicing. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the pledge of Borrower’s right, title and interest in mortgage servicing rights under servicing agreements with an a Designated Agency shall only secure Borrower’s debt to the Lender incurred under a facility used in whole or in part for the purposes of, or to refinance a facility used in whole or in part for the purposes of, purchasing Mortgage Loan servicing rights; provided, that the foregoing provisions of this paragraph shall be deemed automatically supplemented or amended if and to the extent such Designated Agency supplements or amends the corresponding requirement, whether in its rules, regulations, guides, Servicing Agreements, Acknowledgment Agreements, or published announcements or otherwise waives or grants exceptions from such requirement, and in each instance, with the same substantive force and effect; and provided further that the security interest created hereby is subject to the following provision to be included in each financing statement filed in respect hereof: The Security Interest described in security interest created by this financing statement is subject and subordinate to all rights rights, powers and prerogatives of Fxxxxx Mxx under (0 one or more of the terms of an Acknowledgment Agreementfollowing: Xxxxxxx Mac, with respect to the Security Interest among Fxxxxx Mae, AmeriHome Mortgage Company, LLC (the “Debtor’) and Nexbank SSBunder, and (ii) in connection with, the Mortgage Selling and Servicing Contract, Contract and all applicable Pool Purchase Contracts between Xxxxxxx Mac and the Fxxxxx Mxx Selling Guide, the Fxxxxx Mae Servicing Guide and all supplemental servicing instructions or directives provided by Fxxxxx Mxx, all applicable master agreements, recourse agreements, repurchase agreements, indemnification agreements, loss-sharing agreementsGuide, and any other agreements between Fxxxxx Mae and the DebtorGuides, and all as amended, restated or supplemented each of such Guides is amended from time to time (collectively, the “Fxxxxx Mxx Lender Agency Contract’)”) which rights, which rights include powers, and prerogatives includes, without limitation, the right of Fxxxxx Mae Xxxxxxx Mac to terminate the Fxxxxx Mxx Lender Agency Contract with or without cause and the right to sell, or have transferred, the Agency Servicing Rights.Rights as therein provided. 25 Credit and Security Agreement