Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has a PMI Policy in effect as of the Transfer Date, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above. (b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan. (c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04. (d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney. (e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy. (f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 26 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp. 2005-17), Servicing Agreement (Lehman Mortgage Trust 2007-4), Servicing Agreement (Lehman Mortgage Trust 2005-2)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). .
(b) With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminatedterminated and the loan to value ratio is greater than 80%, the Special Servicer Servicer, in accordance with Accepted Servicing Practices, shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(bc) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, that notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(cd) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(de) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(ef) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(fg) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 15 contracts
Samples: Securitization Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar1), Securitization Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar4), Securitization Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar5)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 14 contracts
Samples: Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2004-6), Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2003-FFB), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Series 2004 2)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 11 contracts
Samples: Securitization Subservicing Agreement (Structured Asset Securities Corp), Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2004-6), Securitization Subservicing Agreement (Amortizing Residential Collateral Trust, Series 2004-1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 9 contracts
Samples: Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2005-11), Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2005-9), Securitization Subservicing Agreement (Structured Asset Securities Corp 2005-S1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has a PMI Policy with an LTV Ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV Ratio of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy policy and to enforce the rights under such Policypolicy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policypolicy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policypolicy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least twenty (20) days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 6 contracts
Samples: Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2005-7), Securitization Servicing Agreement (Fremont Home Loan Trust 2004-3), Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2005-He3)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 6 contracts
Samples: Securitization Subservicing Agreement (Sail 2006-Bnc3), Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2006-1), Securitization Subservicing Agreement (BNC Mortgage Loan Trust 2006-2)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 5 contracts
Samples: Securitization Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Osi), Securitization Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc3), Securitization Servicing Agreement (Structured Asset Securities CORP 2007-Bc1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be obligated to make premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 5 contracts
Samples: Securitization Subservicing Agreement (Sasco 2006-Bc2), Securitization Subservicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5), Securitization Subservicing Agreement (Sasco 2006-Bc3)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV Loan-to-Value Ratio of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy policy and to enforce the rights under such Policypolicy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policypolicy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policypolicy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xivSection 3.03(xiii) and (xvxiv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 4 contracts
Samples: Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-FFB), Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff12), Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff14)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer Seller shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners HomePurchasers Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer Seller shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special ServicerSeller’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the SellerPurchaser, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special ServicerSeller’s own funds. Any premium payments made by the Special Servicer Seller from its own funds pursuant to this Section 3.16(a5.16(a) shall be recoverable by the Special Servicer Seller as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii)5.05. With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall Seller shall, without any cost to the Purchaser, maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer Seller shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer Seller shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer Seller would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer Seller shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer Seller shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer Seller shall take all such actions on behalf of the Trustee Purchaser as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer Seller shall have full authority on behalf of the Trust Fund Purchaser to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer Seller shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSeller, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Seller of its obligations hereunder or under such Policy, the Special Servicer Seller shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust FundPurchaser; provided, that once the Seller has paid the amount of such unpaid claim and the Purchaser has otherwise fully recovered all amounts due to the Purchaser with respect to the Mortgage Loan, the Purchaser shall (at the Seller’s cost and expense) cooperate with the Seller in permitting the Seller to be subrogated to the rights of the Purchaser with respect to such Mortgage Loan to the same extent that the insurer would have been subrogated under the applicable PMI Policy had such insurer not failed to pay such claim. The Special Servicer Seller shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer Seller to which the Special Servicer Seller has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Seller shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Seller has received sufficient loan level information from each Purchaser to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicerSeller, the Special Servicer Seller agrees to prepare and present, on behalf of itself and the TrusteePurchaser, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer Seller under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 5.04(xi), subject to withdrawal pursuant to Section 3.045.05(iv).
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 4 contracts
Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Servicing Agreement (LXS 2007-3), Servicing Agreement (Lehman Mortgage Trust 2007-10)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special the Servicer or the subservicerany Subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v3.03(b)(xii) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 3 contracts
Samples: Securitization Servicing Agreement (BNC Mortgage Loan Trust 2007-3), Securitization Servicing Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4), Securitization Servicing Agreement (Sasco 2007-Bnc1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc11), Securitization Subservicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Series 2004-3), Securitization Subservicing Agreement (Structured Asset Inv Loan Tr Mort Pass-THR Cert Ser 2004-1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 2 contracts
Samples: Securitization Subservicing Agreement (SASCO Mortgage Pass-Through Certifidates, Series 2005-Wmc1), Securitization Subservicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel2)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV Loan-to-Value Ratio of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy policy and to enforce the rights under such Policypolicy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policypolicy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policypolicy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xivSection 3.03(xiii) and (xvxiv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v3.03(xv) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff15), Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff17)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, including but not limited to, to the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a3.15(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.05(iii). With respect to each Transferred first lien Mortgage Loan (other than LPMI Loans) that has with a PMI Policy Loan-to-Value Ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV Loan-to-Value Ratio of such Transferred Mortgage Loan is reduced to 80%% or less or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq. The Servicer shall not cancel or refuse to renew any Primary Mortgage Insurance Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement Primary Mortgage Insurance Policy for such canceled or non-renewed policy is obtained from and maintained with a Qualified Insurer. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which that would result in noncoverage under any applicable PMI Policy of any loss whichthat, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which that may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; , provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which that would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.04(xiv), subject to withdrawal pursuant to Section 3.043.05.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (TBW Mortgage-Backed Trust Series 2007-2), Securitization Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-4)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value ratio of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 U.S.C. §4901, et seq. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 2 contracts
Samples: Securitization Subservicing Agreement (Structured Asset Securities Corporation, 2005-Gel4), Securitization Subservicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2006-1), Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2006-Bnc1)
Maintenance of PMI and/or LPMI Policy; Claims. (ai) The Special Servicer Seller shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer Seller shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special ServicerSeller’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the SellerPurchaser, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special ServicerSeller’s own funds. Any premium payments made by the Special Servicer Seller from its own funds pursuant to this Section 3.16(a4(o)(i) shall be recoverable by the Special Servicer Seller as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii4(e)(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall Seller shall, without any cost to the Purchaser, maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer Seller shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer Seller shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer Seller would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer Seller shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer Seller shall obtain a replacement PMI Policy as provided above.
(bii) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer Seller shall take all such actions on behalf of the Trustee Purchaser as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer Seller shall have full authority on behalf of the Trust Fund Purchaser to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer Seller shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSeller, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Seller of its obligations hereunder or under such Policy, the Special Servicer Seller shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust FundPurchaser; provided, that once the Seller has paid the amount of such unpaid claim and the Purchaser has otherwise fully recovered all amounts due to the Purchaser with respect to the Mortgage Loan, the Purchaser shall (at the Seller’s cost and expense) cooperate with the Seller in permitting the Seller to be subrogated to the rights of the Purchaser with respect to such Mortgage Loan to the same extent that the insurer would have been subrogated under the applicable PMI Policy had such insurer not failed to pay such claim. The Special Servicer Seller shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer Seller to which the Special Servicer Seller has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Seller shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least fifteen (15) days after the Seller has received sufficient loan level information from each Purchaser to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(ciii) In connection with its activities as servicer, the Special Servicer Seller agrees to prepare or cause to be prepared and present, on behalf of itself and the TrusteePurchaser, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer Seller under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 4(d)(x), subject to withdrawal pursuant to Section 3.044(e)(vi).
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-15n), Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-7n)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer Subservicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer Subservicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special ServicerSubservicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special ServicerSubservicer’s own funds. Any premium payments made by the Special Servicer Subservicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer Subservicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). .
(b) With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer Subservicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminatedterminated and the loan to value ratio is greater than 80%, the Special Servicer Subservicer, in accordance with Accepted Servicing Practices, shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer Subservicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer Subservicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer Subservicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer Subservicer shall obtain a replacement PMI Policy as provided above.
(bc) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer Subservicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer Subservicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer Subservicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer Third Party Subservicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer Subservicer or subservicer Third Party Subservicer of its obligations hereunder or under such Policy, the Special Servicer Subservicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer Subservicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer Subservicer to which the Special Servicer Subservicer has access with respect to the related Transferred Mortgage Loan; provided, however, that notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Subservicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Subservicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(cd) In connection with its activities as servicer, the Special Servicer Subservicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer Subservicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(de) The Trustee shall furnish the Special Servicer Subservicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special ServicerSubservicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer Subservicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer Subservicer under such power of attorney.
(ef) The Special Servicer Subservicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(fg) Notwithstanding the provisions of (a) and (b) above, the Special Servicer Subservicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 2 contracts
Samples: Securitization Subservicing Agreement (Lehman XS Trust Series 2006-Gp2), Securitization Subservicing Agreement (Lehman XS Trust Series 2006-4n)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer Seller shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners HomePurchasers Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer Seller shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special ServicerSeller’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the SellerPurchaser, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special ServicerSeller’s own funds. Any premium payments made by the Special Servicer Seller from its own funds pursuant to this Section 3.16(a5.16(a) shall be recoverable by the Special Servicer Seller as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii5.05(iii) and 5.05(vii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer Seller shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer Seller shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer Seller shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer Seller would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer Seller shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer Seller shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer Seller shall take all such actions on behalf of the Trustee Purchaser as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer Seller shall have full authority on behalf of the Trust Fund Purchaser to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer Seller shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSeller, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Seller of its obligations hereunder or under such Policy, the Special Servicer Seller shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust FundPurchaser; provided, that once the Seller has paid the amount of such unpaid claim and the Purchaser has otherwise fully recovered all amounts due to the Purchaser with respect to the Mortgage Loan, the Purchaser shall (at the Seller’s cost and expense) cooperate with the Seller in permitting the Seller to be subrogated to the rights of the Purchaser with respect to such Mortgage Loan to the same extent that the insurer would have been subrogated under the applicable PMI Policy had such insurer not failed to pay such claim. The Special Servicer Seller shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer Seller to which the Special Servicer Seller has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Seller shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Seller has received sufficient loan level information from each Purchaser to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicerSeller, the Special Servicer Seller agrees to prepare and present, on behalf of itself and the TrusteePurchaser, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer Seller under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 5.03(xi), subject to withdrawal pursuant to Section 3.045.04(iv).
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV Loan-to-Value Ratio of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy policy and to enforce the rights under such Policypolicy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policypolicy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policypolicy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xivSection 3.03(xiii) and (xvxiv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ff3)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, in connection with a Principal Prepayment in full, from the related Prepayment Interest Excess Amount or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has a PMI Policy with an LTV Ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV Ratio of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy policy and to enforce the rights under such Policypolicy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policypolicy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policypolicy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least twenty (20) days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc2)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s 's own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s 's own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer's requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Indenture Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund Indenture Trustee to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust FundTrust. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Indenture Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Indenture Trustee or the Certificateholders Securityholders or with the rights and interests of the Indenture Trustee or the Certificateholders Securityholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has a PMI Policy in effect as of the Transfer Date, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Trust 2005-6)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v3.03(xiv) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (BNC Mortgage Loan Trust 2007-1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special the Servicer or the subservicerany Subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v3.03(xii) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Servicing Agreement (BNC Mortgage Loan Trust 2007-2)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v3.03(xii) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Servicing Agreement (BNC Mortgage Loan Trust 2007-1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the SellerOwner, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s 's own funds. The Servicer shall not be obligated to make premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee Owner as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund Owner to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust FundOwner. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from each Owner to appropriately code its servicing systems in accordance with the Qualified Insurer's requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the TrusteeOwner, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee Owner shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee Owner shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Flow Subservicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special the Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Sasco 2006-Nc1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer Seller shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Home Purchasers Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer Seller shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the SellerPurchaser, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special ServicerSeller’s own funds. Any premium payments made by the Special Servicer Seller from its own funds pursuant to this Section 3.16(a5.16(a) shall be recoverable by the Special Servicer Seller as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii5.05(iii) and 5.05(vii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a loan-to-value ratio at origination in excess of 80% and subject to a PMI Policy in effect as of the Transfer DatePolicy, the Special Servicer shall Seller shall, without any cost to the Purchaser, maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) such PMI Policy in full force and effect a PMI Policyeffect, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer Seller shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer Seller shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer Seller would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer Seller shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer Seller shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer Seller shall take all such actions on behalf of the Trustee Purchaser as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer Seller shall have full authority on behalf of the Trust Fund Purchaser to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer Seller shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSeller, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Seller of its obligations hereunder under this paragraph or under such Policy, the Special Servicer Seller shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust FundPurchaser; provided, that once the Seller has paid the amount of such unpaid claim and the Purchaser has otherwise fully recovered all amounts due to the Purchaser with respect to the Mortgage Loan, the Purchaser shall (at the Seller’s cost and expense) cooperate with the Seller in permitting the Seller to be subrogated to the rights of the Purchaser with respect to such Mortgage Loan to the same extent that the insurer would have been subrogated under the applicable PMI Policy had such insurer not failed to pay such claim. The Special Servicer Seller shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer Seller to which the Special Servicer Seller has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any PMI Policy, the Seller shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least fifteen (15) days after the Seller has received sufficient loan level information from each Purchaser to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer Seller agrees to prepare and present, on behalf of itself and the TrusteePurchaser, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer Seller under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 5.03(xi), subject to withdrawal pursuant to Section 3.045.04(iv).
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 U.S.C. §4901, et seq. or other applicable law. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04. Notwithstanding anything to the contrary herein, the Servicer shall not be obligated to submit claims related to any pool insurance to the extent that the Servicer has not been notified of such coverage and the Servicer does not otherwise have actual knowledge of such coverage.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v3.03(xiv) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Sasco 2007-Bnc1)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer Subservicer shall comply with all provisions of applicable state Legal Requirements and federal law Accepted Servicing Practices relating to the cancellation of, or collection of premiums with respect to, to PMI Policies and LPMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 19981998 (if applicable), and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if If the Mortgagor is required but fails to pay any PMI Policy or LPMI Policy premium, which it shall be paid from the Special ServicerSubservicer’s own funds. Any , and any premium payments made by the Special Servicer Subservicer from its own funds pursuant to this Section 3.16(a) 3.16 shall be recoverable by the Special Servicer Subservicer as a Servicing Advance, subject to the reimbursement provisions of Advance as provided in Section 3.04(iii)3.04. With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has subject to a PMI Policy in effect or LPMI Policy as of the related Transfer Date, the Special Servicer Subservicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI PolicyPolicy or LPMI Policy with a Qualified Insurer, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, . Such premium shall be paid until the LTV of such Transferred Mortgage Loan is reduced to 80%a level at which the PMI Policy or LPMI Policy may be terminated in accordance with Accepted Servicing Practices. In the event that such PMI Policy or LPMI Policy shall be terminatedterminated (but not in accordance with Accepted Servicing Practices), the Special Servicer Subservicer shall to the extent commercially reasonable obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, Policy or LPMI Policy at substantially the same fee level. The Special Servicer Subservicer shall not take any action which would result in noncoverage under any applicable PMI Policy or LPMI Policy of any loss which, but for the actions of the Special Servicer Subservicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer Subservicer shall promptly notify the insurer under the related PMI Policy or LPMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy or LPMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy or LPMI Policy. If such PMI Policy or LPMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer Subservicer shall to the extent commercially reasonable obtain a replacement PMI Policy or LPMI Policy as provided above.
(ba) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer Subservicer shall take all such actions on behalf of the Trustee Servicer as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy policy and to enforce the applicable Mortgage Loan Holder’s rights under such Policypolicy. Except as expressly set forth herein, the Special Servicer Subservicer shall have full authority on behalf of the Trust Fund Servicer to do anything it deems appropriate or desirable act in accordance with the Accepted Servicing Practices in connection with the servicing, maintenance and administration of such Policypolicy; provided that the Special Servicer Subservicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer Subservicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer Subservicer to which the Special Servicer Subservicer has access with respect to the related Transferred Mortgage Loan.
(cb) In connection with its activities as servicerservicer and to the extent consistent with Accepted Servicing Practices, the Special Servicer Subservicer agrees to prepare and present, on behalf of itself and the TrusteeServicer, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage LoanAccepted Servicing Practices. Any amounts collected by the Special Servicer Subservicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xv)Section 3.03, subject to withdrawal pursuant to Section 3.04.
(dc) The Trustee Servicer shall furnish the Special Servicer Subservicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special ServicerSubservicer) in form as reasonably acceptable to the Servicer and provided to it and at by the Special Servicer’s expense Subservicer necessary or appropriate to enable the Special Servicer Subservicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Strategic Alliance Agreement (Provident Mortgage Capital Associates, Inc.)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s 's own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer's requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Structured Asset Securities Corp)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s 's own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer's requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the SellerMortgagor, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s 's own funds. The Seller shall be required, pursuant to the Mortgage Loan Purchase Agreement, to make all premium payments with respect to LPMI Policies. Any premium payments (other than premium payments with respect to LPMI Policies) made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With Except as disclosed on the Mortgage Loan Schedule, with respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Indenture Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under any such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of any such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under any such Policy of any loss which, but for actions of any Special the Servicer or the any subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or any subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Collection Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer's requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Indenture Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Collection Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Indenture Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Indenture Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Indenture Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Indenture Trustee or the Certificateholders Noteholders or with the rights and interests of the Indenture Trustee or the Certificateholders Noteholders under this Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Wells Fargo Asset Securities Corp)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). .
(b) With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminatedterminated and the loan to value ratio is greater than 80%, the Special Servicer Servicer, in accordance with Accepted Servicing Practices, shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(bc) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, that notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(cd) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(de) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(ef) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(fg) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Structured Asset Securities Corp 2005-S6)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be obligated to make premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value of such Transferred Mortgage Loan is reduced to 80%78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; , provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerSubservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Sasco 2006-Bc4)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Indenture Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund Issuer to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust FundIssuer. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Indenture Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Indenture Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Indenture Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Indenture Trustee or the Certificateholders Securityholders or with the rights and interests of the Indenture Trustee or the Certificateholders Securityholders under this Agreement.
Appears in 1 contract
Samples: Securitization Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer Company shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer Company shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special ServicerCompany’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the SellerPurchaser, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special ServicerCompany’s own funds. Any premium payments made by the Special Servicer Company from its own funds pursuant to this Section 3.16(a5.15(a) shall be recoverable by the Special Servicer Company as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii5.05(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall Company shall, without any cost to the Purchaser, maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer Company shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer Company shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer Company would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer Company shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer Company shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer Company shall take all such actions on behalf of the Trustee Purchaser as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer Company shall have full authority on behalf of the Trust Fund Purchaser to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer Company shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicerCompany, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer Company of its obligations hereunder or under such Policy, the Special Servicer Company shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust FundPurchaser; provided, that once the Company has paid the amount of such unpaid claim and the Purchaser has otherwise fully recovered all amounts due to the Purchaser with respect to the Mortgage Loan, the Purchaser shall (at the Company’s cost and expense) cooperate with the Company in permitting the Company to be subrogated to the rights of the Purchaser with respect to such Mortgage Loan to the same extent that the insurer would have been subrogated under the applicable PMI Policy had such insurer not failed to pay such claim. The Special Servicer Company shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer Company to which the Special Servicer Company has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Company shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Company has received sufficient loan level information from each Purchaser to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer Company agrees to prepare and present, on behalf of itself and the TrusteePurchaser, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer Company under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 5.04(x), subject to withdrawal pursuant to Section 3.045.05(vi).
(d) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV Loan-to-Value Ratio of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(ba) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy policy and to enforce the rights under such Policypolicy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policypolicy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a LPMI or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a LPMI or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policypolicy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(cb) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xivSection 3.03(xiii) and (xvxiv), subject to withdrawal pursuant to Section 3.04.
(dc) The Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it and at the Special Servicer’s expense necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorney.
(ed) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof all Insurance Proceeds received under the terms of a PMI Policy or an LPMI Policy.
(fe) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Servicing Agreement (Structured Asset Securities Corp 2005-S4)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV of such Transferred Mortgage Loan is reduced to 80%. In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections 3.03(xiv) and (xvSection 3.03(xii), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Structured Asset Securities Corp)
Maintenance of PMI and/or LPMI Policy; Claims. (a) The Special Servicer shall comply with all provisions of applicable state and federal law relating to the cancellation of, or collection of premiums with respect to, PMI Policies, including, but not limited to, the provisions of the Homeowners Protection Act of 1998, and all regulations promulgated thereunder, as amended from time to time. The Special Servicer shall be obligated to make premium payments with respect to (i) LPMI Policies, to the extent of the LPMI Fee set forth on the Transferred Mortgage Loan Schedule with respect to any LPMI Loans, which shall be paid out of the interest portion of the related Monthly Payment or, if a Monthly Payment is not made, from the Special Servicer’s own funds and (ii) PMI Policies required to be maintained by the Mortgagor rather than the Seller, if the Mortgagor is required but fails to pay any PMI Policy premium, which shall be paid from the Special Servicer’s own funds. The Servicer shall not be required to make any premium payments with respect to LPMI Policies. Any premium payments made by the Special Servicer from its own funds pursuant to this Section 3.16(a) shall be recoverable by the Special Servicer as a Servicing Advance, subject to the reimbursement provisions of Section 3.04(iii3.04(iv). With respect to each Transferred Mortgage Loan (other than LPMI Loans) that has with a PMI Policy loan-to-value ratio at origination in effect as excess of the Transfer Date80%, the Special Servicer shall maintain or cause the Mortgagor to maintain (to the extent that the Transferred Mortgage Loan requires the Mortgagor to maintain such insurance) in full force and effect a PMI Policy, and shall pay or shall cause the Mortgagor to pay the premium thereon on a timely basis, until the LTV loan-to-value of such Transferred Mortgage Loan is reduced to 80%. 78% or the PMI Policy is otherwise terminated pursuant to the Homeowners Protection Act of 1998, 12 USC §4901, et seq.” In the event that such PMI Policy shall be terminated, the Special Servicer shall obtain from another Qualified Insurer a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated PMI Policy, at substantially the same fee level. The Special Servicer shall not take any action which would result in noncoverage under any applicable PMI Policy of any loss which, but for the actions of the Special Servicer would have been covered thereunder. In connection with any assumption or substitution agreements entered into or to be entered into with respect to a Transferred Mortgage Loan, the Special Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such PMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, the Special Servicer shall obtain a replacement PMI Policy as provided above.
(b) With respect to each Transferred Mortgage Loan covered by a PMI Policy or LPMI Policy, the Special Servicer shall take all such actions on behalf of the Trustee as are necessary to service, maintain and administer the related Transferred Mortgage Loan in accordance with such Policy and to enforce the rights under such Policy. Except as expressly set forth herein, the Special Servicer shall have full authority on behalf of the Trust Fund to do anything it deems appropriate or desirable in connection with the servicing, maintenance and administration of such Policy; provided that the Special Servicer shall not take any action to permit any modification or assumption of a Transferred Mortgage Loan covered by a an LPMI Policy or PMI Policy, or take any other action with respect to such Transferred Mortgage Loan, which would result in non-coverage under such Policy of any loss which, but for actions of any Special Servicer or the subservicer, would have been covered thereunder. If the Qualified Insurer fails to pay a claim under a an LPMI Policy or PMI Policy solely as a result of a breach by the Special Servicer or subservicer of its obligations hereunder or under such Policy, the Special Servicer shall be required to deposit in the Custodial Account on or prior to the next succeeding Remittance Date an amount equal to such unpaid claim from its own funds without any rights to reimbursement from the Trust Fund. The Special Servicer shall cooperate with the Qualified Insurers and shall furnish all reasonable evidence and information in the possession of the Special Servicer to which the Special Servicer has access with respect to the related Transferred Mortgage Loan; provided, however, notwithstanding anything to the contrary contained in any LPMI Policy or PMI Policy, the Servicer shall not be required to submit any reports to the related Qualified Insurer until a reporting date that is at least 15 days after the Servicer has received sufficient loan level information from the Seller to appropriately code its servicing systems in accordance with the Qualified Insurer’s requirements.
(c) In connection with its activities as servicer, the Special Servicer agrees to prepare and present, on behalf of itself and the Trustee, claims to the Qualified Insurer under any PMI Policy or LPMI Policy in a timely fashion in accordance with the terms of such PMI Policy or LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy or LPMI Policy respecting a defaulted Transferred Mortgage Loan. Any amounts collected by the Special Servicer under any PMI Policy or LPMI Policy shall be deposited in the Custodial Account pursuant to Sections Section 3.03(xiv) and (xv), subject to withdrawal pursuant to Section 3.04.
(d) The Upon request by the Servicer, the Trustee shall furnish the Special Servicer with any powers of attorney and other documents (within three (3) Business Days upon request from the Special Servicer) in form as provided to it by the Servicer (and at mutually acceptable to the Special Trustee and the Servicer’s expense ) necessary or appropriate to enable the Special Servicer to service and administer any PMI or LPMI Policy; provided, however, that the Trustee shall not be liable for the actions of the Special Servicer under such power of attorneyattorney unless such actions of the Servicer are performed at, and in accordance with, the written direction of the Trustee.
(e) The Special Servicer shall deposit into the Custodial Account pursuant to Section 3.03(v) hereof hereof, all Insurance Proceeds received under the terms of a PMI Policy or an a LPMI Policy.
(f) Notwithstanding the provisions of (a) and (b) above, the Special Servicer shall not take any action in regard to any PMI Policy or LPMI Policy inconsistent with the interests of the Trustee or the Certificateholders or with the rights and interests of the Trustee or the Certificateholders under this Agreement.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2005-2)