Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in the event that the Servicer shall for any reason no longer be the Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor shall thereupon assume all of the rights and obligations of the Servicer hereunder arising thereafter, except that the Master Servicer shall not be (i) liable for losses of the predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Servicer hereunder, (ii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iii) responsible for expenses of the predecessor Servicer pursuant to Section 2.03 or (iv) deemed to have made any representations and warranties of the Servicer hereunder. Any such assumption shall be subject to Section 7.02.
Appears in 23 contracts
Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp Trust 2007-Opt1), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Nc1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff11)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in In the event that the Servicer shall for any reason no longer be the Servicer hereunder (including by reason of an a Servicer Event of Default), the Master Servicer or its successor shall thereupon assume all of the rights and obligations of the Servicer hereunder arising thereafter, thereafter (except that the Master Servicer shall not be (i) liable for losses of the such predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the such predecessor Servicer hereunder, (ii) obligated to make Advances if it is prohibited from doing so by applicable law, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iiiiv) responsible for expenses of the predecessor Servicer pursuant to Section 2.03 or (ivv) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.02.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-C), Pooling and Servicing Agreement (SunTrust Mortgage Securitization, LLC)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in In the event that the a Servicer shall for any reason no longer be the a Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor successor, subject to the rights of the Servicing Rights Pledgee (if any) under Sections 6.06 and 7.02, shall thereupon assume all of the rights and obligations of the such Servicer hereunder arising thereafter, thereafter (except that the Master Servicer shall not be (i) liable for losses of the predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Servicer hereunder, (ii) obligated to make Advances if it is prohibited from doing so by applicable law, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iiiiv) responsible for expenses of the predecessor such Servicer pursuant to Section 2.03 or (ivv) deemed to have made any representations and warranties of the such Servicer hereunder). Any such assumption shall be subject to Section Sections 6.06 and 7.02.
Appears in 9 contracts
Samples: Distribution Instructions (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He4)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in the event that the any Servicer shall for any reason no longer be the a Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor shall thereupon assume all of the rights and obligations of the such Servicer hereunder arising thereafter, thereafter (except that the Master Servicer shall not be (i) liable for losses of the such predecessor Servicer servicer pursuant to Section 3.10 or any acts or omissions of the such predecessor Servicer servicer hereunder), (ii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iii) responsible for expenses of the such predecessor Servicer servicer pursuant to Section 2.03 or (iv) deemed to have made any representations and warranties of the such Servicer hereunder. Any such assumption shall be subject to Section 7.02.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He7), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He6), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He8)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in In the event that the Servicer shall for any reason no longer be the Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor successor, shall thereupon assume all of the rights and obligations of the Servicer hereunder arising thereafter, thereafter (except that the Master Servicer shall not be (i) liable for losses of the predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Servicer hereunder, (ii) obligated to make Advances if it is prohibited from doing so by applicable law, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iiiiv) responsible for expenses of the predecessor Servicer pursuant to Section 2.03 or (ivv) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.02.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-Fm3), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm2), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm1)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in In the event that the a Servicer shall for any reason no longer be the a Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor shall thereupon assume all of the rights and obligations of the such Servicer hereunder arising thereafter, thereafter (except that the Master Servicer shall not be (i) liable for losses of the predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Servicer hereunder, (ii) obligated to make Advances if it is prohibited from doing so by applicable law, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iiiiv) responsible for expenses of the predecessor such Servicer pursuant to Section 2.03 or (ivv) deemed to have made any representations and warranties of the such Servicer hereunder). Any such assumption shall be subject to Section 7.02.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2007-S1), Pooling and Servicing Agreement (GSAMP Trust 2007-Nc1)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in the event that the Servicer shall for any reason no longer be the Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor shall thereupon assume all of the rights and obligations of the Servicer hereunder arising thereafter, thereafter (except that the Master Servicer shall not be (i) liable for losses of the such predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the such predecessor Servicer hereunder), (ii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iii) responsible for expenses of the such predecessor Servicer pursuant to Section 2.03 or (iv) deemed to have made any representations and warranties of the such Servicer hereunder. Any such assumption shall be subject to Section 7.02.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in In the event that the Servicer shall for any reason no longer be the Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor shall shall, subject to the rights of the Depositor to appoint a successor Servicer pursuant to Section 7.02, thereupon assume all of the rights and obligations of the Servicer hereunder arising thereafter, thereafter (except that the Master Servicer shall not be (i) liable for losses of the such predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the such predecessor Servicer hereunder, (ii) obligated to make Advances if it is prohibited from doing so by applicable law, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iii) responsible for expenses of the predecessor Servicer pursuant to Section 2.03 hereunder or (iv) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.02.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gsamp Trust 2004-Sd1)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in the event that the any Servicer shall for any reason no longer be the a Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor shall thereupon assume all of the rights and obligations of the such Servicer hereunder arising thereafter, except that the Master Servicer shall not be (i) liable for losses of the predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Servicer hereunder, (ii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iii) responsible for expenses of the predecessor Servicer pursuant to Section 2.03 or (iv) deemed to have made any representations and warranties of the applicable Servicer hereunder. Any such assumption shall be subject to Section 7.02.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2005-I1)
Master Servicer to Act as Servicer. (a) Subject to Section 7.02, in the event that the Servicer shall for any reason no longer be the Servicer hereunder (including by reason of an Event of Default), the Master Servicer or its successor shall thereupon assume all of the rights and obligations of the Servicer hereunder arising thereafter, thereafter (except that the Master Servicer shall not be (i) liable for losses of the such predecessor Servicer servicer pursuant to Section 3.10 or any acts or omissions of the such predecessor Servicer servicer hereunder), (ii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.03, (iii) responsible for expenses of the such predecessor Servicer servicer pursuant to Section 2.03 or (iv) deemed to have made any representations and warranties of the Servicer hereunder. Any such assumption shall be subject to Section 7.02.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc4)