Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 4 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaserowner, under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "PurchaserOwner" as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Master Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Master Servicing Agreement Agreement; and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 4 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3), Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3), Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002001-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Capital, as purchaserowner, under the Master Servicing Agreement Agrxxxxxx to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "PurchaserOwner" as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Master Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Capital under the Master Servicing Agreement Agreement; and in connection xx xxnnection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 4 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pa Th Cert Ser 2001-8a), Servicing Agreement (Structured Asset Securities Corp Mort Pa Th Cert Ser 2001-8a), Servicing Agreement (Structured Asset Securities Corp Mort Pa Th Cert Ser 2001-8a)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 10H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capitalthe Bank, as purchaserowner, under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "PurchaserOwner" as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Master Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Bank under the Master Servicing Agreement Agreement; and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 4 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h), Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h), Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SASCO 2000-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as purchaser, the Purchaser under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in Agreement or upon an Event of Default Default, as provided in Article IX X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Purchaser under the Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 4 contracts
Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc), Servicing Agreement (Structured Asset Mortgage Investments Inc), Servicing Agreement (Thornburg Mortgage Securities Trust 2003 5)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2004-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "Purchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000ARC 2002-4 BC3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Bank or Xxxxxx Capital, as purchaser, Capital under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate terminate, and at the direction of the NIMS Insurer shall terminate, the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of the Bank or Xxxxxx Capital under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3), Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3), Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SASCO 2000-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as purchaser, the Owner under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "PurchaserOwner" as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Master Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Owner under the Master Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc), Servicing Agreement (Structured Asset Mortgage Investments Inc)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Purchaser under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Purchaser" as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XIV (Default) of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and Flow Agreement; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-15)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2006-4 GP2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "“Purchaser" ” as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Lehman XS Trust Series 2006-Gp2), Servicing Agreement (Lehman XS Trust Series 2006-Gp2)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Indenture Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust AgreementIssuer, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Transfer and Servicing Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Servicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000Structured Asset Securities Corporation Mortgage Loan Trust 2007-4 WF1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer Servicer, with prior consent of the NIMS Insurers, shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2004-4 2 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "Purchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SASCO 2000-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as purchaser, the Purchaser under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Purchaser" ” as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in Agreement or upon an Event of Default Default, as provided in Article IX X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Purchaser under the Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Greenwich Capital Acceptance Inc), Servicing Agreement (Thornburg Mortgage Securities Trust 2005-2)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of the SWSA as modified by this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000RBSGC Mortgage Loan Trust 2007-4 Trust Fund B (the "“Trust Fund"”) created pursuant to the Trust Agreement, Pooling and Servicing Agreement shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer Trustee shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B), Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SASCO 2000-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as purchaser, the Owner under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Master Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Owner under the Master Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1), Servicing Agreement (Greenwich Capital Acceptance Inc)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3), Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 1A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a), Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002001-4 16H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Bank under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Bank under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 4H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, Capital as purchaser, purchaser under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Agreement Agreement; and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement, Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a), Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 5A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 5a), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 5a)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 11A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-), Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SASCO 2000-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as purchaser, the Purchaser under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Purchaser" ” as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in Agreement or upon an Event of Default Default, as provided in Article IX X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Purchaser under the Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4), Servicing Agreement (Thornburg Mortgage Securities Trust 2005-3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2004-4 10 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Lehman Brothers Bank under the Interim Servicing Agreement to enforce the enforxx xxx obligations of the Servicer under the Master Interim Servicing Agreement and the term "Purchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Lehman Brothers Bank under the Interim Servicing Agreement and in connection cxxxxxxion with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002005-4 GEL2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement 7/1/2004 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement 7/1/2004 SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement 7/1/2004 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement7/1/2004 SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and 7/1/2004 SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel2)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 6 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Bank under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Bank under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass THR Cert Ser 2002)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002005-4 6 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and SWSA, and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Trust 2005-6)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2005-4 22 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "Purchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-22)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LMT 2007-4 2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2005-4 23 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Lehman Brothers Bank under the Servicing Agreement PWSA to enforce the obligations of the Servicer txx Xxxvicer under the Master Servicing Agreement PWSA and the term "Purchaser" as used in the Master Servicing Agreement PWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementPWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Lehman Brothers Bank under the Servicing Agreement PWSA and in connection with the performance perfxxxxxxe of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002005-4 14 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, the Seller (as purchaser, assignee of the Bank) under the Servicing Agreement MSWSA to enforce the obligations of the Servicer under the Master Servicing Agreement thereunder and the term "“Purchaser" ” as used in the Master Servicing Agreement MSWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or acting on behalf of the Trustee acting in its capacity as agent for and the Trust Fund, except as otherwise specified in Exhibit A hereto, and the term “Company” shall mean the Servicer. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure occurrence of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in under Article IX X of the Servicing MSWSA (as modified by this Agreement). Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and MSWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp. 2005-14)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000Structured Asset Securities Corporation Mortgage Loan Trust 2006-4 WF1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Sasco 2006-Wf1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Capital under the Servicing Agreement 5/1/00 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement 5/1/00 SWSA and the term "Purchaser" as used in the Master Servicing Agreement 5/1/00 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer Servicer, with the prior consent of Xxxxxxx Mac, shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing Agreement5/1/00 SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Agreement 5/1/00 SWSA; and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Amortizing Resi Collateral Tr Mor Pas Thru Cert Ser 2000-Bc3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 2 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, FSB, as purchaser, under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA, and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank, FSB under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this AgreementAssignment. The Master Servicer, acting on behalf of the Trustee and Assignee, the SASCO 2000-4 Trust Fund (owner of the "Trust Fund") created pursuant to the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as purchaser, the Purchaser under the Servicing Purchase Agreement to enforce the obligations of the Servicer under the Master Servicing Purchase Agreement and the term "Purchaser" as used in the Master Servicing Purchase Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund orMaster Servicer, as acting on behalf of the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundAssignee, except as otherwise specified in Exhibit A hereto, and provided that any reference in the Purchase Agreement to "the Purchaser's expense" (or words to like effect) shall be deemed to be expenses of the Assignee and, if it relates to reimbursement of expenses incurred by the Servicer shall be recoverable by the Servicer from the Collection Account. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement Assignment upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default Default, as provided in Article IX Section 10.01 of the Servicing Purchase Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Purchaser under the Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Purchase Agreement.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (Thornburg Mortgage Securities Trust 2004-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 5 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2006-4 12N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement applicable SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement applicable SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement each SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing Agreementeither SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement either SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-12n)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Capital under the Servicing Agreement 8/1/98 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement 8/1/98 SWSA and the term "Purchaser" as used in the Master Servicing Agreement 8/1/98 SWSA in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer Servicer, with the prior consent of Xxxxxxx Mac, shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing Agreement8/1/98 SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Agreement 8/1/98 SWSA; and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Amortizing Resi Collateral Tr Mor Pas Thru Cert Ser 2000-Bc3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2006-4 3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 15 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that enforce the Servicer services Servicer’s obligation to service the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights (but not the obligations) as Xxxxxx Capital, as purchaser, under the Servicing Agreement Owner to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as unless otherwise specified in Exhibit A heretoto this Agreement, references to the “Owner” in the Servicing Agreement shall include the “Master Servicer”; provided, however, that any obligation of the Owner to pay or reimburse the Servicer shall be satisfied from funds available in the Custodial Account or the Trust Fund. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure occurrence of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX under Section 9.01 of the Servicing Agreement (as modified by this Agreement). Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Owner under the Servicing Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002005-4 10 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, the Seller (as purchaser, assignee of the Bank) under the Servicing Agreement MSWSA to enforce the obligations of the Servicer under the Master Servicing Agreement thereunder and the term "“Purchaser" ” as used in the Master Servicing Agreement MSWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or acting on behalf of the Trustee acting in its capacity as agent for and the Trust Fund, except as otherwise specified in Exhibit A hereto, and the term “Company” shall mean the Servicer. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure occurrence of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in under Article IX X of the Servicing MSWSA (as modified by this Agreement). Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and MSWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, the Seller (as purchaser, assignee of the Bank) under the Servicing Bank Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Bank Flow Agreement and the term "Purchaser" as used in the Master Servicing Bank Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for on behalf of the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Bank Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and Bank Flow Agreement; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2006-4 4N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "“Purchaser" ” as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-4n)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, under the Warranties and Servicing Agreement to enforce the obligations of the Servicer under the Master Warranties and Servicing Agreement and the term "Purchaser" as used in the Master Warranties and Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which Agreement if such failure results in constitutes an Event of Default as provided in Article IX X of the Warranties and Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Purchaser under the Warranties and Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LMT 2007-4 5 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002001-4 19 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, FSB, as purchaser, under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA, and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank, FSB under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2001 19)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000Structured Asset Securities Corporation Mortgage Loan Trust 2007-4 Trust Fund BC3 (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer Servicer, with prior consent of the NIMS Insurers, shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SAIL 2003-4 BC9 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate terminate, and at the direction of the NIMS Insurer shall terminate, the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc9)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 10H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Capital, as purchaserowner, under the Master Servicing Agreement to enforce the enfxxxx xhe obligations of the Servicer under the Master Servicing Agreement and the term "PurchaserOwner" as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Master Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Capital under the Master Servicing Agreement Agreement; and in connection with connectiox xxxx the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated shall, pursuant to the terms of the Trust Agreement, ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capitalthe "Purchaser" (as defined in the Purchase, as purchaser, under the Warranties and Servicing Agreement Agreement) to enforce the obligations of the Servicer under the Master Purchase, Warranties and Servicing Agreement Agreement. In addition, all of the representations, warranties, covenants, agreements and indemnities made by the term Servicer (or by any successor servicer) to the "Purchaser" as used in under the Master Purchase, Warranties and Servicing Agreement in connection with any rights of the Purchaser shall refer are hereby deemed made to the Trust Fund or, as the context requires, the Master Servicer as if the Master Servicer were the "Purchaser" and all such representations, warranties, covenants, agreements and indemnities shall inure to the benefit of the Master Servicer. Nothing contained herein is intended to result in the creation or assumption by the Trustee acting in its capacity as agent for Master Servicer of any obligation of the Trust Fund"Purchaser" or any Person under the Purchase, Warranties and Servicing Agreement or any other agreement or instrument relating thereto except as otherwise specified in Exhibit A heretospecifically set forth herein. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Purchase, Warranties and Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2000-1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000HSI Asset Securitization Corporation Trust 2006-4 HE2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000ARC 2001-4 BC3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Bank under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Lehman Brothers Bank, FSB under the Servicing Agreement and SWSA; and, in connection with the performance txx xxxformance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Ce Se 2001-Bc3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000GPMF 2006-4 AR6 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "“Purchaser" ” as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar6)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, Servicer shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2006-4 12N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Sale and Servicing Agreement to enforce the obligations of the Servicer under the Master Sale and Servicing Agreement and the term "Purchaser" “Initial Owner” or “Owner” as used in the Master Sale and Servicing Agreement in connection with any such rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing AgreementTransfer Date. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Sale and Servicing Agreement and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-12n)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LMT 2006-4 2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Servicing Agreement PWSA to enforce the obligations of the Servicer under the Master Servicing Agreement PWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement PWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementPWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Servicing Agreement PWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2006-4 11 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2006-4 8 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-8)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 11A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Purchaser" as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Flow Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2007-4 12N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing such Flow Agreement and the term "“Purchaser" ” as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Lehman XS Trust Series 2007-12n)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "PurchaserInitial Owner" or "Owner" as used in the Master Servicing Agreement in connection with any rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002003-4 12XS Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, FSB, as purchaser, under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA, and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank, FSB under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Ce Se 2003-12xs)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000HSI Asset Securitization Corporation Trust 2006-4 HE1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, which is acting on behalf of the Trustee and Trust, the SASCO 2000-4 Trust Fund (owner of the "Trust Fund") created pursuant to the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as purchaser, the Owner under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Master Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Owner under the Master Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Sale and Servicing Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002003-4 37A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "Purchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Mortgage Pass-Through Certificates Series 2003-37a)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2007-4 5 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Servicing Agreement PWSA to enforce the obligations of the Servicer under the Master Servicing Agreement PWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement PWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementPWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Servicing Agreement PWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000GPMF 2007-4 AR3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing such Flow Agreement and the term "“Purchaser" ” as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (GreenPoint Mortgage Funding Trust 2007-Ar3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaserowner, under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "PurchaserOwner" as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Master Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Master Servicing Agreement Agreement; and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2007-4 3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (LXS 2007-3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2007-4 4N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SAIL 2003-4 BC5 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate terminate, and at the direction of the NIMS Insurer shall terminate, the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc5)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2007-4 7N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Bank under the Servicing Agreement FPWSA to enforce the obligations of the Servicer under the Master Servicing Agreement FPWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement FPWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 28(a) of the Servicing AgreementFPWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Bank under the Servicing Agreement FPWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2007-7n)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000HSI Asset Loan Obligation Trust 2007-4 2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Hsi Asset Securitization Corp)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002005-4 S1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate terminate, and at the direction of the NIMS Insurer shall terminate, the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and SWSA, and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp 2005-S1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002001-4 18A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Bank under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Purchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Bank under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pa THR Ce Ser 2001-18a)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2006-4 GP1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "“Purchaser" ” as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-Gp1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SAIL 2005-4 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement 2005-M02 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement and 2000-X00 XXXX xnd the term "“Purchaser" ” as used in the Master Servicing Agreement 2005-M02 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate terminate, and at the direction of the NIMS Insurer shall terminate, the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement2000-X00 XXXX. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and 2000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2005-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 10H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, Capital as purchaser, purchaser under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Agreement Agreement; and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002004-4 22 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Purchaser" as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Servicing Flow Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2006-4 14N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-14n)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000GPMF 2007-4 AR2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing each Flow Agreement to enforce the obligations of the Servicer under the Master Servicing such Flow Agreement and the term "“Purchaser" ” as used in the Master Servicing each Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing either Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2007-4 15N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing each Flow Agreement to enforce the obligations of the Servicer under the Master Servicing such Flow Agreement and the term "“Purchaser" ” as used in the Master Servicing each Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing either Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2007-15n)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, Servicer shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LXS 2006-4 18N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Sale and Servicing Agreement to enforce the obligations of the Servicer under the Master Sale and Servicing Agreement and the term "Purchaser" “Initial Owner” or “Owner” as used in the Master Sale and Servicing Agreement in connection with any such rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Sale and Servicing Agreement and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-18n)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LMT 2007-4 10 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Brothers Bank under the Servicing Agreement PWSA to enforce the obligations of the Servicer under the Master Servicing Agreement PWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement PWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementPWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank under the Servicing Agreement PWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Lehman Mortgage Trust 2007-10)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, FSB as purchaser, purchaser under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" as used in the Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Brothers Bank, FSB under the Servicing Agreement Agreement; and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2004-4 12 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Lehman Brothers Bank under the Interim Servicing Agreement to enforce the enforxx xxx obligations of the Servicer under the Master Interim Servicing Agreement and the term "Purchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Lehman Brothers Bank under the Interim Servicing Agreement and in connection cxxxxxxion with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000Structured Asset Securities Corporation Mortgage Loan Trust 2006-4 WF3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Sasco 2006-Wf3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LMT 2006-4 9 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002005-4 GEL1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement 7/1/2004 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement 7/1/2004 SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement 7/1/2004 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement7/1/2004 SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and 7/1/2004 SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, under the Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Purchaser" as used in the Master Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX XI of the Servicing Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Servicing Flow Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002002-4 26 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-26)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SAIL 2005-4 3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement 2005-M01 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement 0000-X00 XXXX and the term "“Purchaser" ” as used in the Master Servicing Agreement 2005-M01 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate terminate, and at the direction of the NIMS Insurer shall terminate, the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement0000-X00 XXXX. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and 0000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2005-3)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SAIL 2006-4 2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Sail 2006-2)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SAIL 2004-4 1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate terminate, and at the direction of the NIMS Insurer shall terminate, the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Inv Loan Tr Mort Pass-THR Cert Ser 2004-1)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000LMT 2007-4 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000SARM 2006-4 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX Section 10.01 of the Servicing AgreementSWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 20002005-4 GEL4 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement 7/1/2004 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement 7/1/2004 SWSA and the term "“Purchaser" ” as used in the Master Servicing Agreement 7/1/2004 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement7/1/2004 SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Capital the Seller under the Servicing Agreement and 7/1/2004 SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corporation, 2005-Gel4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000HSI Asset Loan Obligation Trust 2007-4 AR2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, the Seller under the Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX X (Default) of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Capital Seller under the Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Hsi Asset Securitization Corp)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SASCO 2000-4 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as purchaser, Capital under the Flow Servicing Agreement to enforce the obligations of the Servicer under the Master Flow Servicing Agreement and the term "PurchaserOwner" as used in the Master Flow Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise indicated specified in Exhibit A hereto. The Master Servicer Servicer, with the prior consent of Xxxxxxx Mac, shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an a Servicer Event of Default Default, as provided in Article IX of the Flow Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital under the Flow Servicing Agreement Agreement; and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mo Pa Th Ce Se 2000-Bc2)