Common use of Master Servicer to Master Service Clause in Contracts

Master Servicer to Master Service. (a) The Master Servicer shall supervise the servicing and administration of the Mortgage Loans and any related REO Property in accordance with the terms of the related Sub-Servicing Agreements and its normal master servicing practices, which generally conform to the standards of an institution prudently master servicing mortgage loans for its own account and shall have full authority to do anything it reasonably deems appropriate or desirable in connection with the supervision of such servicing and administration. The Master Servicer may perform its master servicing responsibilities hereunder through other agents or independent contractors, but shall not thereby be released from any of its responsibilities as hereinafter set forth. The authority of the Master Servicer, in its capacity as master servicer, shall include, without limitation, the power to consult with and advise any Sub-Servicer regarding administration of a related Mortgage Loan. The authority of the Master Servicer shall include, in addition, the power on behalf of the Certificateholders, the Trustee or any of them to (i) execute and deliver customary consents or waivers and other instruments and documents, (ii) consent to transfers of any related Mortgaged Property and assumptions of the related Mortgage Notes and Security Instruments (in the manner provided in this Agreement) and (iii) collect any Insurance Proceeds and Liquidation Proceeds. Without limiting the generality of the foregoing, the Master Servicer may, and is hereby authorized, and empowered by the Trustee to, execute and deliver, on behalf of itself, the Certificateholders, the Trustee, or any of them, any instruments of satisfaction, cancellation, partial or full release, discharge and all other comparable instruments, with respect to the related Mortgage Loans, the Insurance Policies and the accounts related thereto, and the Mortgaged Properties. The Master Servicer may exercise this power in its own name or in the name of the Trustee. (b) Notwithstanding the provisions of Subsection 3.01(a), the Master Servicer shall not take any action which, in the Master Servicer's reasonable business judgment, would be inconsistent with generally accepted good master servicing procedures and practices and with the interest of the Trustee or the Certificateholders in the related Mortgage Loans or with the rights and interests of the Trustee or the Certificateholders under this Agreement. (c) The Trustee shall furnish each Sub-Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable each Sub-Servicer and the Master Servicer to master service and administer the related Mortgage Loans and REO Property.

Master Servicer to Master Service. (a) The Master Servicer shall supervise the servicing and administration of the Mortgage Loans and any related REO Property by each Sub-Servicer in accordance with the terms of the related Sub-Servicing Agreements and its the Master Servicer's normal master servicing practices, which generally conform to the standards of an institution prudently master servicing mortgage loans for its own account and shall have full authority to do anything it reasonably deems appropriate or desirable in connection with the supervision of such servicing and administration. The Master Servicer may perform its master servicing responsibilities hereunder through other agents or independent contractors, but shall not thereby be released from any of its responsibilities as hereinafter set forth. The authority of the Master Servicer, in its capacity as master servicer, shall include, without limitation, the power to consult with and advise any Sub-Servicer regarding administration of a related Mortgage Loan. The authority of the Master Servicer shall include, in addition, the power on behalf of the Certificateholders, the Certificate Trustee or any of them to (i) execute and deliver customary consents or waivers and other instruments and documents, (ii) consent to transfers of any related Mortgaged Property and assumptions of the related Mortgage Notes and Security Instruments (in the manner provided in this Agreement) and (iii) collect any Insurance Proceeds and Liquidation Proceeds. Without limiting the generality of the foregoing, the Master Servicer may, and is hereby authorized, and empowered by the Certificate Trustee to, execute and deliver, on behalf of itself, the Certificateholders, the Certificate Trustee, or any of them, any instruments of satisfaction, cancellation, partial or full release, discharge and all other comparable instruments, with respect to the related Mortgage Loans, the Insurance Policies and the accounts related thereto, and the Mortgaged Properties. The Master Servicer may exercise this power in its own name or in the name of the Trustee. (b) Notwithstanding the provisions of Subsection 3.01(a), the Master Servicer shall not take any action which, in the Master Servicer's reasonable business judgment, would be inconsistent with generally accepted good master servicing procedures and practices and with the interest of the Trustee or the Certificateholders in the related Mortgage Loans or with the rights and interests of the Trustee or the Certificateholders under this Agreement. (c) The Trustee shall furnish each Sub-Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable each Sub-Servicer and the Master Servicer to master service and administer the related Mortgage Loans and REO Property.the