Common use of Master Servicer Clause in Contracts

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Bear Stearns Arm Trust 2003 3)

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Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under the its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, MBIA, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Mort Pass THR Certs Ser 2003-1)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective its Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian, as its agent, shall provide access to the records and documentation in the possession of the Trustee Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeCustodian; provided, however, that, unless otherwise required by law, the Trustee or the Custodian, as its agent, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s or the Custodian’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2005-10)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of Xxxxx Fargo under this Agreement and GMACM under the Servicers Servicing Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of this Agreement or the applicable Servicing Agreements Agreement, as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers each Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers each Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MortgageIT Securities Corp. Mortgage Loan Trust, Series 2007-2)

Master Servicer. The Master Servicer Servicer, beginning on the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement or this Agreement, as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer enforce the respective obligations, conditions and covenants of the Servicers to perform and observe the covenants, obligations and conditions to be performed extent set forth in this Agreement or observed by such Servicer under its applicable the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer's ’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' related Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account related Servicer pursuant to the applicable related Servicing AgreementsAgreement or this Agreement, as applicable. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided to it by each Servicer and shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or liability for any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, errors in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreementssuch Mortgage Loan data. The Indenture Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers to service and administer and the Master Servicer to master service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicers’ or the Master Servicer’s use or misuse of such powers of attorney. The Master Servicer, Securities Administrator and Indenture Trustee shall provide access to the records and documentation in their possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the Note Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Master Servicer, Securities Administrator and Indenture Trustee, as the case may be; provided, however, that, unless otherwise required by law, the Master Servicer, Securities Administrator and Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Master Servicer, Securities Administrator and Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer, Securities Administrator and Indenture Trustee's ’s actual costs. The Trustee Indenture Trustee, at the request of the Servicers or Master Servicer, as applicable, shall execute and deliver to the related Servicer and Servicers or the Master Servicer Servicer, as the case may be, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Second Lien Trust 2007-1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Wxxxx Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Wxxxx Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Wxxxx Fargo Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's ’s actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-9)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Accounts pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 11)

Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Company and the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement, respectively and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Company and the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each Servicer the Company and the Servicers and shall cause each Servicer enforce the obligations, conditions and covenants of the Company and Servicers to perform the extent set forth in this Agreement and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable related Servicing Agreement, respectively. The Master Servicer shall independently monitor the Company and separately monitor each Servicer's the Servicers’ servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided described in the previous sentence and received by the Master Servicer on a monthly basis and coordinate corrective adjustments to the Company’s, the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Company and the Servicers to the Protected Account pursuant to this Agreement and the applicable Servicing AgreementsAgreement, respectively. Notwithstanding anything The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Company and the Servicers and shall have no liability for any errors in this Agreement such Mortgage Loan data. In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement or obligation this Agreement. If the Servicing Agreement or this Agreement (in the case of the Company, as Servicer) requires the approval of the Master Servicer for a modification to supervisea Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant to Section 3.03 or this Agreement (in the case of this Agreement, in which eventthe Company, as successor Servicer) and that any conditions to such modification set forth in the Servicing Agreement or this Agreement have been satisfied. Furthermore, if the Servicing Agreement or this Agreement (in the case of the Company, as Servicer) requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it will service receives notice of such from the related Servicer) and administer the Additional Collateral confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the provisions Servicing Agreement or this Agreement (in the case of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Company, as Servicer), and the Master Servicer with shall notify the Depositor in any powers of attorney and other documents case in form as provided to it necessary or appropriate to enable the Servicers and which the Master Servicer to service and administer believes that the related Mortgage Loans and REO PropertyServicer is not complying with such timeframes and/or other requirements. The Master Servicer, the Trustee or the related Custodian on its behalf and the Securities Administrator shall provide access to the records and documentation in possession of the Master Servicer, the Trustee or the related Custodian on its behalf or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Master Servicer, the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, neither the Trustee Master Servicer, the Trustee, the Custodians nor the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Master Servicer, the Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer’s, the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Company, each Servicer and or the Master Servicer Servicer, as applicable, any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentsecurity instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument security instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SACO I Trust 2007-1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective Mortgage Loans the HELOCs in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loanthe HELOCs, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.046.04 of this Agreement, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan HELOC monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney in the form of Exhibit H attached hereto and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer to service and administer and the Master Servicer to master service and administer the related Mortgage Loans HELOCs and REO PropertyProperties. The Indenture Trustee shall not be liable for the Servicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Master Servicer, Securities Administrator and Indenture Trustee shall provide access to the records and documentation in their possession of the Trustee regarding the related Mortgage Loans HELOCs and REO Property and the servicing thereof to the CertificateholdersNoteholders, the Note Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Master Servicer, Securities Administrator and Indenture Trustee, as the case may be; provided, however, that, unless otherwise required by law, the Master Servicer, Securities Administrator and Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Master Servicer, Securities Administrator and Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer, Securities Administrator and Indenture Trustee's ’s actual costs. The Indenture Trustee at the request of the Servicer or Master Servicer shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as the case may be, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note Credit Line Agreement or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note Credit Line Agreement or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Gp1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Wxxxx Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the Wxxxx Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04the Grantor Trust Agreement and the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Wxxxx Fargo Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Grantor Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Grantor Trustee shall not be liable for the Servicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Grantor Trustee shall provide access to the records and documentation in possession of the Grantor Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Grantor Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Grantor Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Grantor Trustee's ’s actual costs. The Grantor Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, in the case of Select Portfolio and Fremont. supervise, monitor and oversee the obligation obligations of Ocwen under this Agreement and Fremont and Select Portfolio under the Servicers related Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers and Fremont as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and Fremont and shall cause each Servicer the Servicers and Fremont to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Ocwen under its applicable this Agreement or Fremont and Select Portfolio under the Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each Servicerthe Servicers' and Fremont's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' or Fremont's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers or Fremont to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by the Servicers and Fremont. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (or any successor thereto) Fremont under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Fremont Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer on or after the Additional Collateral in accordance with the provisions of the Cendant related Servicing AgreementsTransfer Date. The Trustee shall furnish the Servicers related Servicer, Fremont and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer, Fremont and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer, the related Servicer or Fremont pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the related Servicer or Fremont, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, 103 however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's, the Custodian's or the Securities Administrator's actual costs. The Trustee shall execute and deliver to the related Servicer and Servicer, Fremont or the Master Servicer upon request any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-He4)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit O, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.. 72

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the related Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' related Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers related Servicer to the Protected Distribution Account pursuant to the applicable related Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers each Servicer and the Master Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers such Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar7)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement and the Servicing Agreement, as applicable, to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement or the applicable Servicing Agreements Agreement, as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable this Agreement and the Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' related Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee by the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsServicers. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Nc3)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement and RMC and RMAE under the Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicer, RMC and RMAE as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicer, RMC and RMAE and shall cause each Servicer the Servicer, RMC and RMAE to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable this Agreement or RMC and RMAE under the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's, RMC's and RMAE's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer's, RMC's or RMAE's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer, RMC or RMAE to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by the Servicer, RMC and RMAE. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (RMC or any successor thereto) RMAE under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer on or after the Additional Collateral in accordance with the provisions of the Cendant related Servicing AgreementsTransfer Date. The Trustee shall furnish the Servicers Servicer, RMC, RMAE and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, RMC, RMAE and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer, the Servicer, RMC or RMAE pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the Servicer, RMC or RMAE, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's, the Custodian's or the Securities Administrator's actual costs. The Trustee shall execute and deliver to the related Servicer and Servicer, RMC, RMAE or the Master Servicer upon request any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Rm2)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Not later than the Closing Date, the Master Servicer shall notify the Wells Fargo Guide Xxxxicers that they are now servicing the Wells Fargo Guide Xxxxgage Loans on behalf of the Master Servicer and the Trustee for the benefit of the Certificateholders. Such notice shall also provide that, upon the occurrence of an Event of Default under this Agreement and the termination of the Master Servicer hereunder the Wells Fargo Guide Xxxxicers shall, upon receipt of notice of such termination from the Master Servicer, the Trustee or the successor master servicer, service and administer the Wells Fargo Guide Xxxxgage Loans for the benefit of the Trustee and the successor master servicer and remit all amounts collected with respect to the Wells Fargo Guide Xxxxgage Loans in accordance with the instructions provided by the Trustee or the successor master servicer. The Master Servicer shall instruct the Wells Fargo Guide Xxxxicers to provide all remittances, reports, information and other data or correspondence with respect to each related Wells Fargo Guide Xxxxgage Loan to the Master Servicer in accordance with instructions to be provided by the Master Servicer. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee oversee, and shall have no liability to any Certificateholder or to any other Person for the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements Servicer with respect to the servicing and administration of any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreementsdefaulted Cash Flow Loan. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Prime Mort Tr Pas THR Cer Ser 2004 Cl2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Securities Administrator pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of such Servicer’s failure to supervisecomply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions of Servicing Agreement, and the Cendant Servicing AgreementsMaster Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeCustodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer Servicer, any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, MBIA the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Prime Mortgage Trust 2003 2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the Certificate Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Sl2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee by the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Class A Certificate Insurer, the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)

Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers related Servicer to service and administer their respective Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the related Servicer as necessary from time-to-time to time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the related Servicer and shall cause each the related Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Person under its applicable this Agreement and the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' related Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of each Servicer pursuant to this Agreement and the Servicers related Servicing Agreement. In addition to the Protected Account pursuant foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the applicable Servicing Agreements. Notwithstanding anything in this Agreement to obligations of the contrary, Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty notify the Depositor of such Servicer's failure to comply with the terms of the related Servicing Agreement or obligation this Agreement. If the related Servicing Agreement requires the approval of the Master Servicer for a modification to supervisea Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of such Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the related Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in such Servicing Agreement, and the provisions of Master Servicer shall notify the Cendant Servicing AgreementsDepositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the related Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee or the Custodian on its behalf or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, neither the Trustee Trustee, the Custodian nor the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-3)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Xxxxx Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the Xxxxx Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04the Grantor Trust Agreement and the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Xxxxx Fargo Servicing AgreementsAgreement. Notwithstanding anything in this Agreement or the Xxxxx Fargo Servicing Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (the Servicer or any successor thereto) enforce the obligations of the Servicer under any Cendant the Xxxxx Fargo Servicing Agreements Agreement with respect to any Additional Collateral (unless Pledged Assets securing any Pledged Asset Loan, including, without limitation, the Master Servicer shall have assumed collection of any amounts owing to the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, Grantor Trust in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreementsrespect therof. The Grantor Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Grantor Trustee shall not be liable for the Servicer's or the Master Servicer's use or misuse of such powers of attorney. The Grantor Trustee shall provide access to the records and documentation in possession of the Grantor Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Grantor Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Grantor Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Grantor Trustee's actual costs. The Grantor Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's sale or other documents necessary or reasonably desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement and the Interim Servicer under the Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and the Interim Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and the Interim Servicer and shall cause each the Servicer and the Interim Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable this Agreement or the Interim Servicer under the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s and the Interim Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s or the Interim Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer or the Interim Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by the Servicer and the Interim Servicer. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Interim Servicer under any Cendant the Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer on or after the Additional Collateral in accordance with the provisions of the Cendant related Servicing AgreementsTransfer Date. The Trustee shall furnish the Servicers Servicer, the Interim Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, the Interim Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer, the Servicer or the Interim Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the Servicer or the Interim Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer, the Interim Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Loan Trust 2005-Rm2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Sl1)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation obligations of Ocwen and Xxxxx Fargo under this Agreement and SPS under the Servicers Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney in the form set forth on Exhibit D hereto or attached to the Servicing Agreement, as applicable, and other documents in a form as provided acceptable to it the Trustee, and necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Custodians shall allow representatives of the above entities Trustee and the Securities Administrator to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's Custodians’ actual costs. The Trustee shall execute and deliver to the related Servicer and Servicers or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sd1)

Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers related Servicer to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the related Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each the related Servicer and shall cause each enforce the obligations, conditions, covenants, representations and warranties of the related Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable extent set forth in the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided described in the previous sentence and received by the Master Servicer on a monthly basis and coordinate corrective adjustments to the Servicers' related Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account related Servicer pursuant to the applicable related Servicing AgreementsAgreement. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the The Master Servicer shall have no duty or obligation be entitled to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer conclusively rely on the related Mortgage Loans Loan data provided by the related Servicer and REO Propertyshall have no liability for any errors in such Mortgage Loan data. The Master Servicer, the Trustee and the Securities Administrator shall provide access to the records and documentation in possession of the Master Servicer, the Trustee or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeMaster Servicer, the Trustee or the Securities Administrator; provided, however, that, unless otherwise required by law, neither the Master Servicer, the Trustee nor the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Master Servicer, the Trustee and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer’s, the Trustee's ’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable, any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentsecurity instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument security instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Im1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Not later than the Closing Date, the Master Servicer shall notify the Xxxxx Fargo Guide Servicers that they are now servicing the Xxxxx Fargo Guide Mortgage Loans on behalf of the Master Servicer and the Trustee for the benefit of the Certificateholders. Such notice shall also provide that, upon the occurrence of an Event of Default under this Agreement and the termination of the Master Servicer hereunder the Xxxxx Fargo Guide Servicers shall, upon receipt of notice of such termination from the Master Servicer, the Trustee or the successor master servicer, service and administer the Xxxxx Fargo Guide Mortgage Loans for the benefit of the Trustee and the successor master servicer and remit all amounts collected with respect to the Xxxxx Fargo Guide Mortgage Loans in accordance with the instructions provided by the Trustee or the successor master servicer. The Master Servicer shall instruct the Xxxxx Fargo Guide Servicers to provide all remittances, reports, information and other data or correspondence with respect to each related Xxxxx Fargo Guide Mortgage Loan to the Master Servicer in accordance with instructions to be provided by the Master Servicer. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee oversee, and shall have no liability to any Certificateholder or to any other Person for the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements Servicer with respect to the servicing and administration of any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreementsdefaulted Cash Flow Loan. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Mort Pas THR Cert Se 04 Cl1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, MBIA the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust Mortgage Pass-Through Cert Ser 2003-3)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of Ocwen and GMAC under this Agreement and Countrywide under the Servicers Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement or the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable this Agreement or the Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He4)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide a report in the form of a computer readable magnetic tape (or by such information to other means as the Master Servicer and the Securities Administrator may agree from time to time) containing such data and information, as shall be necessary in order for it agreed to by the Master Servicer and the Securities Administrator such as to permit the Securities Administrator to prepare the statements specified in Section 6.046.04 by 12:00 p.m. Central Standard Time on the 5th Business Day prior to each Distribution Date, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder; provided, however, in no event shall the Master Servicer be required to provide such information to the Securities Administrator earlier than 12:00 p.m. Central Standard Time on the 19th calendar day of the month. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Master Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the related Servicer and shall have no liability for any errors in this Agreement such Mortgage Loan data. In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of such Servicer’s failure to supervisecomply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. In connection with any such Servicing Modification, the related Servicer may reimburse itself from the Trust for any outstanding Advances and Servicing Advances at the time of the Cendant modification to the extent interest and principal is forgiven or Servicing AgreementsAdvances are reimbursed. Any such reimbursement shall occur during the same calendar month as the Servicing Modification, and any such reimbursement will be treated as a Realized Loss which will be incurred on the Distribution Date related to the calendar month during which the Servicing Modification occurred. To the extent Advances and Servicing Advances or other amounts owed the Servicer are capitalized, the related Servicer may reimburse itself from such arrearages on a first priority basis. The Trustee shall furnish the Servicers and the Master Servicer Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeCustodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, on its behalf, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer Servicer, any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, Radian, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust, Mortgage Pass-Through Certificates, Series 2004-1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. The Master Servicer shall comply in the performance of all reasonable rules and requirements of RMIC under the RMIC Policy, with respect to paying RMIC premiums under the RMIC Policy on behalf of the Trust. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Protected Account pursuant Master Servicer. In addition to the applicable Servicing Agreements. Notwithstanding anything foregoing, in this Agreement connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the contrary, obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of such Servicer's failure to supervisecomply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the related Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the related Servicing Agreement have been satisfied. Furthermore, if the related Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions of related Servicing Agreement, and the Cendant Servicing AgreementsMaster Servicer shall notify the Depositor and the Guarantor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer Servicer, upon written request from a Servicing Officer, with any powers of attorney attorney, in substantially the form attached hereto as Exhibit O, and upon written request from a Servicing Officer, other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee (or Custodian, on its behalf) shall provide access to the records and documentation in possession of the Trustee (or Custodian, on its behalf) regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, or Custodian on its behalf; provided, however, that, unless otherwise required by law, the Trustee Trustee, or Custodian on its behalf, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, or Custodian on its behalf, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's or Custodian's actual costs. The Trustee shall execute execute, upon the Servicer's written instruction (which includes the documents to be signed), and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Protected Account pursuant Master Servicer. In addition to the applicable Servicing Agreements. Notwithstanding anything foregoing, in this Agreement connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the contrary, obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of such Servicer’s failure to supervisecomply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the related Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the related Servicing Agreement have been satisfied. Furthermore, if the related Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions of related Servicing Agreement, and the Cendant Servicing AgreementsMaster Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer Servicer, upon written request from a Servicing Officer, with any powers of attorney attorney, in substantially the form attached hereto as Exhibit O, and upon written request from a Servicing Officer, other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee (or Custodian, on its behalf) shall provide access to the records and documentation in possession of the Trustee (or Custodian, on its behalf) regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, or Custodian on its behalf; provided, however, that, unless otherwise required by law, the Trustee Trustee, or Custodian on its behalf, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, or Custodian on its behalf, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s or Custodian’s actual costs. The Trustee shall execute execute, upon the Servicer’s written instruction (which includes the documents to be signed), and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-6)

Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Person under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided reasonably acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf and the Servicer shall provide access to the records and documentation in possession of the Trustee or the Custodian on its behalf or the Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Servicer; provided, however, that, unless otherwise required by law, neither the Trustee Trustee, the Custodian nor the Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Servicer’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Suntrust Alternative Loan Trust, Series 2006-if Mortgage Pass-Through Certificates, Series 2006-1f)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the related Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' related Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers related Servicer to the Protected Account Accounts pursuant to the applicable related Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers each Servicer and the Master Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers such Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar6)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Alt a Trust Mort Pass THR Certs Sers 2003-6)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in the foregoing or any other provision of this Agreement or any Servicing Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or to enforce the obligation of any successor thereto) Servicer under any Cendant a Servicing Agreements Agreement with respect to any Additional Collateral or any Surety Bond, including, without limitation, the collection of any amounts owing to the trust in respect thereof (unless and until the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as the related Servicer as successor Servicer under any Cendant such Servicing Agreement pursuant to Section 3.03 of this Agreement3.02 hereof, in which eventcase, as successor Servicer, it will shall be bound to service and administer the Additional Collateral and the Surety Bonds in accordance with the provisions of the Cendant such Servicing AgreementsAgreement). The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian, as its agent, shall provide access to the records and documentation in the possession of the Trustee Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeCustodian; provided, however, that, unless otherwise required by law, the Trustee or the Custodian, as its agent, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s or the Custodian’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Trust 2005-Ar5)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Securities Administrator pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of such Servicer’s failure to supervisecomply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions of Servicing Agreement, and the Cendant Servicing AgreementsMaster Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeCustodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, on its behalf, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer Servicer, any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-4)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation obligations of Ocwen under this Agreement and IndyMac, SPS and WAMU under the Servicers related Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement or the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the related Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers each Servicer and the Master Servicer with any limited powers of attorney in the form set forth on Exhibit D hereto or attached to the related Servicing Agreement, as applicable, and other documents in a form as provided acceptable to it the Trustee, and necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sd3)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement and the Interim Servicers under the Interim Servicing Agreements to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Interim Servicing Agreements Agreements, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers and the Interim Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and the Interim Servicers and shall cause each Servicer the Servicers and Interim Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement and the Interim Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each Servicer's ’s and each Interim Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s, each Interim Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer and each Interim Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by each Servicer and each Interim Servicer. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (or any successor thereto) the Interim Servicers under any Cendant the Interim Servicing Agreements with respect to any Additional Collateral (unless on or after the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsTransfer Date. The Trustee shall furnish the Servicers related Servicer, the related Interim Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers related Servicer, the related Inteirm Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer or the related Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the related Servicer or the related Interim Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer, the related Interim Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Xxxxx Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Xxxxx Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Xxxxx Fargo Servicing AgreementsAgreement. Notwithstanding anything in this Agreement In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by the Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of the Servicer’s failure to supervisecomply with the terms of the Xxxxx Fargo Servicing Agreement. If the Xxxxx Fargo Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Xxxxx Fargo Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Xxxxx Fargo Servicing Agreement have been satisfied. Furthermore, if the Xxxxx Fargo Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions of Xxxxx Fargo Servicing Agreement, and the Cendant Servicing AgreementsMaster Servicer shall notify the Depositor in any case in which the Master Servicer believes that the Servicer is not complying with such timeframes and/or other requirements. The Indenture Trustee shall furnish the Servicers Servicer and the Master Servicer Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's ’s actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns ARM Trust 2006-1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which that it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and the Subservicer as necessary from time-to-time to time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer or the Subservicer and shall cause each the Servicer and the Subservicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer and the Subservicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s and the Subservicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s, the Subservicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.045.02 hereof, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to Servicer or the Protected Account Subservicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Servicer, the Subservicer and the Master Servicer with any powers of attorney and other documents in form as provided reasonably acceptable to it necessary or appropriate to enable the Servicers Servicer, the Subservicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall not be liable for the Servicer’s, the Subservicer’s or the Master Servicer’s use or misuse of such powers of attorney. Upon reasonable prior written request and during normal business hours at the office of the Trustee, the Trustee shall provide the Certificateholders with access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagorthereof. The Trustee shall allow representatives of the above these entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s actual costs. The Trustee shall execute and deliver to the related Servicer and Servicer, the Subservicer or the Master Servicer Servicer, as applicable, based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (ia) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (iib) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security InstrumentMortgage; (iiic) obtain a deficiency judgment against the Mortgagor; or and (ivd) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument Mortgage or otherwise available at law or equity. All references to the Servicer herein shall be deemed to refer equally to the Subservicer, for so long as, and to the extent that, the Subservicer is performing the duties of the Servicer pursuant to the Subservicing Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (People's Financial Realty Mortgage Securities 2006-1)

Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Person under its applicable this Agreement and the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Securities Administrator and the Servicer pursuant to this Agreement and the Servicing Agreement. In addition to the Protected Account pursuant foregoing, in connection with a modification of any Mortgage Loan by the Servicer, if the Master Servicer is unable to enforce the applicable Servicing Agreements. Notwithstanding anything in this Agreement to obligations of the contrary, Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement or obligation this Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to supervisea Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions of Servicing Agreement, and the Cendant Servicing AgreementsMaster Servicer shall notify the Depositor in any case in which the Master Servicer believes that the Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf, or the Servicer shall provide access to the records and documentation in possession of the Trustee or the Custodian on its behalf, or the Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Servicer; provided, however, that, unless otherwise required by law, neither the Trustee Trustee, the Custodian nor the Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Servicer’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer Servicer, upon such party’s written instruction (which includes the documents to be signed) any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-St1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.046.03, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Master Servicer Collection Account pursuant to the applicable Servicing Agreementsthis Agreement. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, If the Master Servicer shall have no duty or obligation to superviseand the Securities Administrator are the same entity, monitor or oversee the activities of Cendant (or then at any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless time the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, is terminated as successor Master Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsSecurities Administrator shall likewise be removed as securities administrator. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no liability with respect to the use of any such limited power of attorney. The Trustee or the Custodian shall provide access to the records and documentation in possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeTrustee or the Custodian; provided, however, that, unless otherwise required by law, the Trustee or the Custodian shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's or the Custodian's actual costs. The Trustee shall execute and deliver to the related applicable Servicer and the Master Servicer upon request any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar1)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of Wxxxx Fargo under this Agreement and Countrywide under the Servicers Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement ,as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the Servicing AgreementAgreement , as applicable. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers related Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer or the related Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's, the Custodians' or the Securities Administrator's actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-He7)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2004-10)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation obligations of Ocwen and Xxxxx Fargo under this Agreement and SPS and WMMSC under the Servicers related Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the related Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder, subject, in the case of WMMSC, to the provisions of Section 4.20 hereof. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by each Servicer. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsInterim Subservicer. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and Servicers or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Loan Trust Series 2005-Sd2)

Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers related Servicer to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the related Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each the related Servicer and shall cause each enforce the obligations, conditions, covenants, representations and warranties of the related Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable extent set forth in the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided described in the previous sentence and received by the Master Servicer on a monthly basis and coordinate corrective adjustments to the Servicers' related Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers related Servicer to the Protected Account Securities Administrator pursuant to the applicable related Servicing AgreementsAgreement. Notwithstanding anything The Master Servicer shall be entitled to conclusively rely on the related Mortgage Loan data provided by the related Servicer and shall have no liability for any errors in this Agreement such Mortgage Loan data. In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of such Servicer’s failure to supervisecomply with the terms of the related Servicing Agreement. If the related Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Agreement, and the Master Servicer with shall notify the Depositor in any powers of attorney and other documents case in form as provided to it necessary or appropriate to enable the Servicers and which the Master Servicer to service and administer believes that the related Mortgage Loans and REO PropertyServicer is not complying with such timeframes and/or other requirements. The related Servicer, the Trustee and the Securities Administrator shall provide access to the records and documentation in possession of the related Servicer, the Trustee or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trusteerelated Servicer, the Trustee or the Securities Administrator; provided, however, that, unless otherwise required by law, neither the related Servicer, the Trustee nor the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The related Servicer, the Trustee and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the related Servicer’s, the Trustee's ’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable, any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentsecurity instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument security instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Im1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable AHM Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the AHM Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.05 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable AHM Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer's or the Master Servicer's use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Countrywide Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Countrywide Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Protected Distribution Account pursuant to the applicable Countrywide Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.obtain

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II 2005-Ar4)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide a report in the form of a computer readable magnetic tape (or by such information other means as the Master Servicer and the Trustee may agree from time to time) containing such data and information, as agreed to by the Securities Administrator Master Servicer and the Trustee such as shall be necessary in order for it to permit the Trustee to prepare the statements specified in Section 6.046.04 by 12:00 p.m. Central Standard Time on the 5th Business Day prior to each Distribution Date, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder; provided, however, in no event shall the Master Servicer be required to provide such information to the Trustee earlier than 12:00 p.m. Central Standard Time on the 19th calendar day of the month. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Master Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the related Servicer and shall have no liability for any errors in this Agreement such Mortgage Loan data. In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of such Servicer’s failure to supervisecomply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. In connection with any such Servicing Modification, the related Servicer may reimburse itself from the Trust for any outstanding Advances and Servicing Advances at the time of the Cendant modification to the extent interest and principal is forgiven or Servicing AgreementsAdvances are reimbursed. Any such reimbursement shall occur during the same calendar month as the Servicing Modification, and, to the extent such Advance or Servicing Advance is forgiven, any such reimbursement will be treated as a Realized Loss which will be incurred on the Distribution Date related to the calendar month during which the Servicing Modification occurred. To the extent Advances and Servicing Advances or other amounts owed the Servicer are capitalized, the related Servicer may reimburse itself from such arrearages on a first priority basis. The Trustee shall furnish the Servicers and the Master Servicer Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the related Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee related Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trusteerelated Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee Trustee, the related Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the related Custodian, on its behalf, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the related Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer Servicer, any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-5)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement and the Interim Servicer under the Interim Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Interim Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicers and the Interim Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicers and the Interim Servicer and shall cause each the Servicers and the Interim Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicers under this Agreement or the Interim Servicer under its applicable the Interim Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicers' and the Interim Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' or the Interim Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers or the Interim Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by the Servicers and the Interim Servicer. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (or any successor theretoi) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Interim Servicer under any Cendant the Interim Servicing Agreement pursuant to Section 3.03 of this Agreementon or after the related Servicing Transfer Date, in which event, as successor Servicer, it will service and administer or (ii) the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsInterim Subservicer. The Trustee shall furnish the Servicers related Servicer, the Interim Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer, the Interim Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer, the related Servicer or the Interim Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the related Servicer or the Interim Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's, the Custodians' or the Securities Administrator's actual costs. The Trustee shall execute and deliver to the related Servicer, the Interim Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Loan Trust 2005-He4)

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Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers Company and the related Servicer to service and administer their respective Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement, respectively and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Company and the related Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each the Company and the related Servicer and shall cause each enforce the obligations, conditions and covenants of the Company and related Servicer to perform the extent set forth in this Agreement and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable related Servicing Agreement, respectively. The Master Servicer shall independently monitor the Company and separately monitor each the related Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided described in the previous sentence and received by the Master Servicer on a monthly basis and coordinate corrective adjustments to the Servicers' Company’s, the Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.08 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Company and each Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to and the contraryrelated Servicing Agreement, with respect to any Mortgage Loan secured by any Additional Collateral, the respectively. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Company and the Servicer and shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or liability for any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the errors in such Mortgage Loan data. The Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee Securities Administrator shall provide access to the records and documentation in possession of the Master Servicer, the Trustee or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Class I-A Insurer, Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeMaster Servicer, the Trustee or the Securities Administrator; provided, however, that, unless otherwise required by law, neither the Master Servicer, the Trustee nor the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Master Servicer, the Trustee and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer’s, the Trustee's ’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the Company, the related Servicer and or the Master Servicer Servicer, as applicable, any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentsecurity instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument security instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SACO I Trust 2005-10)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation obligations of Ocwen and Wxxxx Fargo under this Agreement and SPS under the Servicers Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney in the form set forth on Exhibit D hereto or attached to the Servicing Agreement, as applicable, and other documents in a form as provided acceptable to it the Trustee, and necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and Servicers or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sd2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee by the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Wm2)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the related Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's the Servicers’ servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicers’ or the Master Servicer’s use or misuse of such powers of attorney, and further provided, that, neither the Master Servicer nor any Servicer shall without the Indenture Trustee’s written consent, (A) initiate any action in the Indenture Trustee’s name without indicating the Master Servicer or Servicer’s representative capacity or (B) cause the Indenture Trustee to be registered to do business in any state. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's ’s actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Luminent Mortgage Trust 2005-1)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide a report in the form of a computer readable magnetic tape (or by such information to other means as the Master Servicer and the Securities Administrator may agree from time to time) containing such data and information, as shall be necessary in order for it agreed to by the Master Servicer and the Securities Administrator such as to permit the Securities Administrator to prepare the statements specified in Section 6.046.04 by 12:00 p.m. Central Standard Time on the 5th Business Day prior to each Distribution Date, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder; provided, however, in no event shall the Master Servicer be required to provide such information to the Securities Administrator earlier than 12:00 p.m. Central Standard Time on the 19th calendar day of the month. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Master Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the related Servicer and shall have no liability for any errors in this Agreement such Mortgage Loan data. In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of such Servicer’s failure to supervisecomply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. In connection with any such Servicing Modification, the related Servicer may reimburse itself from the Trust for any outstanding Advances and Servicing Advances at the time of the Cendant modification to the extent interest and principal is forgiven or Servicing AgreementsAdvances are reimbursed. Any such reimbursement shall occur during the same calendar month as the Servicing Modification, and, to the extent such Advance or Servicing Advance is forgiven, any such reimbursement will be treated as a Realized Loss which will be incurred on the Distribution Date related to the calendar month during which the Servicing Modification occurred. To the extent Advances and Servicing Advances or other amounts owed the Servicer are capitalized, the related Servicer may reimburse itself from such arrearages on a first priority basis. The Trustee shall furnish the Servicers and the Master Servicer Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the related Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee related Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trusteerelated Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee Trustee, the related Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the related Custodian, on its behalf, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the related Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer Servicer, any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-4)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account serviced pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall enforce the obligations of the Master Servicer under the Servicing Agreements, including without limitation its obligation to purchase delinquent Mortgage Loans pursuant to Section 4.02 of each Servicing Agreement. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; providedPROVIDED, howeverHOWEVER, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. Upon receipt of a request by the Master Servicer, the Trustee shall release within five Business Days the related Mortgage File to the Master Servicer and execute and deliver to the Master Servicer, without recourse, a request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Security Instrument (furnished by the Master Servicer), together with the Mortgage Note with written evidence of cancellation thereon; PROVIDED, HOWEVER, that in the case of a Mortgage Loan as to which the related Mortgaged Property is located in California, the related Mortgage File shall be released upon notification from the Master Servicer that such party reasonably expects that payment in full will be received promptly. No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Distribution Account. The Trustee shall execute and deliver to the related Servicer and the Master Servicer Servicer, upon its request, any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity. The Trustee shall forward to the Seller copies of any reports provided to the Trustee by the Loss Mitigation Advisor and the Trustee shall forward copies of any such reports to the Holders of the Certificates upon written request by such Holders. In the event that IndyMac shall be terminated as Master Servicer, the Trustee shall cause any successor Master Servicer to enter into a Loss Mitigation Advisory Agreement with the Loss Mitigation Advisor. With respect to any Mortgage Loans which as of the first day of a Calendar Quarter is delinquent in payment by 90 days or more or is an REO Property, EMC shall have the sole right (and not the Trustee) to purchase any Mortgage Loan from the Trust which becomes 90 days or more delinquent or becomes an REO Property, in accordance with Section 4.03 and Section 4.13 of each Purchase Agreement; provided however (i) that such Mortgage Loan is still 90 days or more delinquent or is an REO Property as of the date of such purchase and (ii) this purchase option, if not theretofore exercised, shall terminate on the date prior to the last day of the related Calendar Quarter. This purchase option, if not exercised, shall not be thereafter reinstated unless the delinquency is cured and the Mortgage Loan thereafter again becomes 90 days or more delinquent or becomes an REO Property, in which case the option shall again become exercisable as of the first day of the related Calendar Quarter.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which that it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and the Subservicer as necessary from time-to-time to time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer or the Subservicer and shall cause each the Servicer and the Subservicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer and the Subservicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s and the Subservicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s, the Subservicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.045.02 hereof, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to Servicer or the Protected Account Subservicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Servicer, the Subservicer and the Master Servicer with any powers of attorney and other documents in form as provided reasonably acceptable to it necessary or appropriate to enable the Servicers Servicer, the Subservicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall not be liable for the Servicer’s, the Subservicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s actual costs. The Trustee shall execute and deliver to the related Servicer and Servicer, the Subservicer or the Master Servicer Servicer, as applicable, based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (ia) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (iib) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security InstrumentMortgage; (iiic) obtain a deficiency judgment against the Mortgagor; or and (ivd) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument Mortgage or otherwise available at law or equity. All references to the Servicer herein shall be deemed to refer equally to the Subservicer, for so long as, and to the extent that, it is performing the duties of the Servicer pursuant to the Subservicing Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Peoples Choice Home Loan Securities Corp)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicer under this Agreement and the Interim Servicers under the Servicing Agreements to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and the Interim Servicers as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and the Interim Servicers and shall cause each the Servicer and the Interim Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable this Agreement or the Interim Servicers under the Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each the Servicer's and the Interim Servicers' servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicer's or the Interim Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicer or the Interim Servicers to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by the Servicer and the Interim Servicers. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (or any successor thereto) the Interim Servicers under any Cendant the Servicing Agreements with respect to any Additional Collateral (unless on or after the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant related Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsTransfer Date. The Trustee shall furnish the Servicers Servicer, the related Interim Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, the related Interim Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer, the Servicer or the related Interim Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the Servicer or the related Interim Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such 102 access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's, the Custodian's or the Securities Administrator's actual costs. The Trustee shall execute and deliver to the Servicer, the related Interim Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series Home Equity Trust 2005-Rm1)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer the Servicers under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each Servicer's the Servicers’ servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee by the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsServicers. The Trustee shall furnish the Servicers related Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer, the related Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Xxxxx Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Xxxxx Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.04 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Xxxxx Fargo Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's ’s actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Master Servicing Agreement (Citigroup Mortgage Loan Trust 2005-11)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Accounts pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 05 2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer the Servicers under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each Servicer's the servicing activities of the Servicers with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee by the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsServicers. The Trustee shall furnish the Servicers and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He2)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account serviced pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall enforce the obligations of the Master Servicer under the Servicing Agreements, including without limitation its obligation to repurchase converting Mortgage Loans pursuant to the second sentence of Subsection 7.04 of each Servicing Agreement. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; providedPROVIDED, howeverHOWEVER, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. Upon receipt of a request by the Master Servicer, the Trustee shall release within five Business Days the related Mortgage File to the Master Servicer and execute and deliver to the Master Servicer, without recourse, a request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Security Instrument (furnished by the Master Servicer), together with the Mortgage Note with written evidence of cancellation thereon; PROVIDED, HOWEVER, that in the case of a Mortgage Loan as to which the related Mortgaged Property is located in California, the related Mortgage File shall be released upon notification from the Master Servicer that such party reasonably expects that payment in full will be received promptly. No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Certificate Account. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-time- to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian, as its agent, shall provide access to the records and documentation in the possession of the Trustee Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeCustodian; provided, however, that, unless otherwise required by law, the Trustee or the Custodian, as its agent, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s or the Custodian’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit O, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee (or Custodian, as its agent) shall provide access to the records and documentation in possession of the Trustee (or Custodian, as its agent) regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.. 69

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer's or the Master Servicer's use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's sale or other documents necessary or reasonably desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.or

Appears in 1 contract

Samples: Sale and Servicing Agreement (Homebanc Mortgage Trust 2004-1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the related Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's the Servicers’ servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicers’ or the Master Servicer’s use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's ’s actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns ARM Trust 2005-7)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Xxxxx Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the Xxxxx Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04the Grantor Trust Agreement and the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Xxxxx Fargo Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Grantor Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Grantor Trustee shall not be liable for the Servicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Grantor Trustee shall provide access to the records and documentation in possession of the Grantor Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Grantor Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Grantor Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Grantor Trustee's ’s actual costs. The Grantor Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement and the Interim Servicers under the Interim Servicing Agreements to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Interim Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers and the Interim Servicers as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and the Interim Servicers and shall cause each Servicer the Servicers and the Interim Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer the Servicers under its applicable this Agreement or the Interim Servicers under the Interim Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each Servicer's the Servicers' and the Interim Servicers' servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' or the Interim Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers or the Interim Servicers to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by the Servicers and the Interim Servicers. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (or any successor thereto) the Interim Servicers under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Interim Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer on or after the Additional Collateral in accordance with the provisions of the Cendant related Servicing AgreementsTransfer Date. The Trustee shall furnish the Servicers related Servicer, the related Interim Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer, the related Interim Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer, the related Servicer or the related Interim Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the related Servicer or the related Interim Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such 109 access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's, the Custodian's or the Securities Administrator's actual costs. The Trustee shall execute and deliver to the related Servicer, the related Interim Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Series 2005-He1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Xxxxx Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the Xxxxx Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer's and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04the Grantor Trust Agreement and the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Servicer pursuant to the applicable Xxxxx Fargo Servicing AgreementsAgreement. Notwithstanding anything in this Agreement or the Xxxxx Fargo Servicing Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (the Servicer or any successor thereto) to enforce the obligations of the Servicer under any Cendant the Xxxxx Fargo Servicing Agreements Agreement with respect to any Additional Collateral (unless Pledged Assets securing any Pledged Asset Loan, including, without limitation, the Master Servicer shall have assumed collection of any amounts owing to the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, Grantor Trust in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreementsrespect thereof. The Grantor Trustee shall furnish the Servicers Servicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Grantor Trustee shall not be liable for the Servicer's or the Master Servicer's use or misuse of such powers of attorney. The Grantor Trustee shall provide access to the records and documentation in possession of the Grantor Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Grantor Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Grantor Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Grantor Trustee's actual costs. The Grantor Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's sale or other documents necessary or reasonably desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide a report in the form of a computer readable magnetic tape (or by such information other means as the Master Servicer and the Trustee may agree from time to time) containing such data and information, as agreed to by the Securities Administrator Master Servicer and the Trustee such as shall be necessary in order for it to permit the Trustee to prepare the statements specified in Section 6.046.04 by 12:00 p.m. Central Standard Time on the 5th Business Day prior to each Distribution Date, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder; provided, however, in no event shall the Master Servicer be required to provide such information to the Trustee earlier than 12:00 p.m. Central Standard Time on the 19th calendar day of the month. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Protected Account Master Servicer pursuant to the applicable Servicing AgreementsAgreement. Notwithstanding anything The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Servicer and shall have no liability for any errors in this Agreement such Mortgage Loan data. In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by the Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty or obligation notify the Depositor of the Servicer’s failure to supervisecomply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant and that any conditions to Section 3.03 such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of this Agreementloss mitigation measures with respect to the related Mortgage Loans, in which eventthe Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, as successor Servicer, it will service conducted and administer the Additional Collateral concluded in accordance with any timeframes and any other requirements set forth in the provisions of Servicing Agreement, and the Cendant Servicing AgreementsMaster Servicer shall notify the Depositor in any case in which the Master Servicer believes that the Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the Servicer shall provide access to the records and documentation in the possession of the Trustee Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeCustodian or the Servicer; provided, however, that, unless otherwise required by law, the Trustee Trustee, the Custodian, or the Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, on its behalf, or the Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, Custodian’s or the Servicer’s actual costs. The Trustee shall execute upon the Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer Servicer, any court pleadings, requests for trustee's ’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer the Servicers under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each Servicer's the Servicers’ servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee by the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsServicers. The Trustee shall furnish the Servicers related Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer, the related Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-Sl1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the related Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's the Servicers’ servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in the foregoing or any other provision of this Agreement or any Servicing Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or to enforce the obligation of any successor thereto) Servicer under any Cendant a Servicing Agreements Agreement with respect to any Additional Collateral or any Surety Bond, including, without limitation, the collection of any amounts owing to the trust in respect thereof (unless and until the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as the related Servicer as successor Servicer under any Cendant such Servicing Agreement pursuant to Section 3.03 of this Agreement3.02 hereof, in which eventcase, as successor Servicer, it will shall be bound to service and administer the Additional Collateral and the Surety Bonds in accordance with the provisions of the Cendant such Servicing AgreementsAgreement). The Indenture Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicers’ or the Master Servicer’s use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's ’s actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-2)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Protected Account pursuant to the applicable Servicing AgreementsMaster Servicer. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or of obligation to supervise, monitor or oversee the activities of Cendant PHH (or any successor thereto) under any Cendant PHH Servicing Agreements Agreement with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant PHH (or any successor thereto)as thereto) as successor Servicer under any Cendant the applicable PHH Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant such PHH Servicing AgreementsAgreement). The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-5)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreementsterms hereof based on information provided to the Master Servicer by the Servicer. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateralcontrary herein, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities performance of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing AgreementsInterim Subservicer. The Trustee shall furnish the Servicers Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Trust 2005-He3)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as thereto) as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. In no event shall the Master Servicer have any duty or obligation to supervise, monitor or oversee the obligations of MLCC as servicer of the Additional Collateral under the Additional Collateral Servicing Agreement. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall provide access to the records and documentation in possession of the Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Arm Tr 2004 1)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and the Subservicer as necessary from time-to-time to time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer or the Subservicer and shall cause each the Servicer and the Subservicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer and the Subservicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s and the Subservicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s, the Subservicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to Servicer or the Protected Account Subservicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers Servicer, the Subservicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, the Subservicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer’s, the Subservicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's ’s actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and Servicer, the Subservicer or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity. All references to the Servicer herein shall be deemed to refer equally to the Subservicer, for so long as, and to the extent that, it is performing the duties of the Servicer pursuant to the Subservicing Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of Xxxxx Fargo under this Agreement and GMAC under the Servicers Servicing Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of this Agreement or the applicable Servicing Agreements Agreement, as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' each Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor by each Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers each Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers each Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodians or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodians or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodians’ or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MortgageIT Securities Corp. Mortgage Loan Trust, Series 2007-1)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Protected Distribution Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement terms hereof based on information provided to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee by the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers Servicer and the Master Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer or the Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in possession of the Trustee Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the Securities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee Trustee, the Custodian or the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the related Servicer and or the Master Servicer upon request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-Ag1)

Master Servicer. The Master Servicer Servicer, beginning on the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers to service and administer their respective Mortgage Loans HELOCs in accordance with the terms of the applicable Servicing Agreements Agreement or this Agreement, as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer enforce the respective obligations, conditions and covenants of the Servicers to perform and observe the covenants, obligations and conditions to be performed extent set forth in this Agreement or observed by such Servicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer's ’s servicing activities with respect to each related Mortgage Loanthe HELOCs, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' related Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan HELOC monitoring with the actual remittances of the Servicers to the Protected Account related Servicer pursuant to the applicable Servicing AgreementsAgreement or this Agreement, as applicable. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the The Master Servicer shall be entitled to conclusively rely on the HELOC data provided to it by each Servicer and shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or liability for any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, errors in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreementssuch HELOC data. The Indenture Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers to service and administer and the Master Servicer to master service and administer the related Mortgage Loans HELOCs and REO Property. The Indenture Trustee shall not be liable for the Servicers’ or the Master Servicer’s use or misuse of such powers of attorney. The Master Servicer, Securities Administrator and Indenture Trustee shall provide access to the records and documentation in their possession of the Trustee regarding the related Mortgage Loans HELOCs and REO Property and the servicing thereof to the CertificateholdersNoteholders, the Note Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Master Servicer, Securities Administrator and Indenture Trustee, as the case may be; provided, however, that, unless otherwise required by law, the Master Servicer, Securities Administrator and Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Master Servicer, Securities Administrator and Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer, Securities Administrator and Indenture Trustee's ’s actual costs. The Trustee Indenture Trustee, at the request of the Servicers or Master Servicer, as applicable, shall execute and deliver to the related Servicer and Servicers or the Master Servicer Servicer, as the case may be, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) effect the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Sale and Servicing Agreement (SACO I Trust 2006-8)

Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers Company and the related Servicer to service and administer their respective Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement, respectively and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Company and the related Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each the Company and the related Servicer and shall cause each enforce the obligations, conditions and covenants of the Company and related Servicer to perform the extent set forth in this Agreement and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable related Servicing Agreement, respectively. The Master Servicer shall independently monitor the Company and separately monitor each the related Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided described in the previous sentence and received by the Master Servicer on a monthly basis and coordinate corrective adjustments to the Servicers' Company’s, the Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.08 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account Company and each Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to and the contraryrelated Servicing Agreement, with respect to any Mortgage Loan secured by any Additional Collateral, the respectively. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Company and the Servicer and shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or liability for any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the errors in such Mortgage Loan data. The Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee Securities Administrator shall provide access to the records and documentation in possession of the Master Servicer, the Trustee or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Insurer, Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeMaster Servicer, the Trustee or the Securities Administrator; provided, however, that, unless otherwise required by law, neither the Master Servicer, the Trustee nor the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Master Servicer, the Trustee and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer’s, the Trustee's ’s or the Securities Administrator’s actual costs. The Trustee shall execute and deliver to the Company, the related Servicer and or the Master Servicer Servicer, as applicable, any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentsecurity instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument security instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SACO I Trust 2006-2)

Master Servicer. The Master Servicer shall shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' and Master Servicer's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Protected Account pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Trustee shall furnish the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian, as its agent, shall provide access to the records and documentation in the possession of the Trustee Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the TrusteeCustodian; provided, however, that, unless otherwise required by law, the Trustee or the Custodian, as its agent, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's or the Custodian's actual costs. The Trustee shall execute and deliver to the related Servicer and the Master Servicer any court pleadings, requests for trustee's sale or other documents necessary or desirable to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2005-4)

Master Servicer. The Master Servicer shall shall, beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers Company and the related Servicer to service and administer their respective Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Company and the related Servicer as necessary from time-to-time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Company and the related Servicer and shall cause each the Company and related Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Person under its applicable this Agreement and the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the Company and the related Servicer's ’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Company’s, the related Servicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Company to the Protected Account Securities Administrator and each Servicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement and the related Servicing Agreement. In addition to the contraryforegoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to any Mortgage Loan secured by any Additional Collateralsuch modification, the Master Servicer shall have no duty notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement or obligation this Agreement. If the Servicing Agreement or this Agreement (in the case of the Company, as Servicer) requires the approval of the Master Servicer for a modification to supervisea Mortgage Loan, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed approve such modification if, based upon its receipt of written notification from the obligations related Servicer outlining the terms of Cendant (or any successor thereto)as successor such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under any Cendant the terms of the Servicing Agreement pursuant to Section 3.03 or this Agreement (in the case of this Agreement, in which eventthe Company, as successor Servicer) and that any conditions to such modification set forth in the Servicing Agreement or this Agreement have been satisfied. Furthermore, if the Servicing Agreement or this Agreement (in the case of the Company, as Servicer) requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it will service receives notice of such from the related Servicer) and administer the Additional Collateral confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the provisions Servicing Agreement or this Agreement (in the case of the Cendant Servicing AgreementsCompany, as Servicer), and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Company, the Servicers and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Company, the Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf, the Company or the related Servicer shall provide access to the records and documentation in possession of the Trustee or the Custodian on its behalf, the Company or the related Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian, the Company or the related Servicer; provided, however, that, unless otherwise required by law, neither the Trustee Trustee, the Custodian, the Company nor the related Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee Trustee, the Custodian, the Company and the related Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s, the Custodian’s, the Company’s or the related Servicer’s actual costs. The Trustee shall execute and deliver to the Company or the related Servicer and the Master Servicer any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac3)

Master Servicer. The Master Servicer shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and the Subservicer as necessary from time-to-time to time to carry out the Master Servicer's ’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer or the Subservicer and shall cause each the Servicer and the Subservicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer and the Subservicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer's ’s and the Subservicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers' Servicer’s, the Subservicer’s and Master Servicer's ’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to Servicer or the Protected Account Subservicer pursuant to the applicable Servicing Agreements. Notwithstanding anything in this Agreement to the contrary, with respect to any Mortgage Loan secured by any Additional Collateral, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to any Additional Collateral (unless the Master Servicer shall have assumed the obligations of Cendant (or any successor thereto)as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of the Cendant Servicing Agreements. The Indenture Trustee shall furnish the Servicers Servicer, the Subservicer and the Master Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, the Subservicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer’s, the Subservicer’s or the Master Servicer’s use or misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in possession of the Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDICNoteholders, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Indenture Trustee; provided, however, that, unless otherwise required by law, the Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee's ’s actual costs. The Indenture Trustee shall execute and deliver to the related Servicer and Servicer, the Subservicer or the Master Servicer Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee's ’s sale or other documents necessary or reasonably desirable to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity. All references to the Servicer herein shall be deemed to refer equally to the Subservicer, for so long as, and to the extent that, it is performing the duties of the Servicer pursuant to the Subservicing Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3)

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