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 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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; 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: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3), Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3), Reconstituted 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 20002001-3 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Capital, as owner, under the Master Servicing Agreement Agrxxxxxx to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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; 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: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pa Th Cert Ser 2001-8a), Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pa Th Cert Ser 2001-8a), Reconstituted 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 20002002-3 10H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capitalthe Bank, as owner, under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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; 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: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h), Reconstituted Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h), Reconstituted 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 2000-3 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as owner, the Purchaser under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "OwnerPurchaser" as used in the Master Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 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 Purchaser under the Master Servicing Agreement; and 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: Reconstituted Servicing Agreement (Structured Asset Mortgage Investments Inc), Reconstituted Servicing Agreement (Structured Asset Mortgage Investments Inc), Reconstituted 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 2000ARC 2002-3 BC3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Bank or Xxxxxx Capital, as owner, Capital under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; and 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: Reconstituted Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3), Reconstituted Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3), Reconstituted 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 the SASCO 2000SARM 2004-3 4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "OwnerPurchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank under the Master Interim 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 3 contracts
Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp), Reconstituted Servicing Agreement (Structured Asset Securities Corp), Reconstituted 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 20002002-3 1A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a), Reconstituted 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 2000Structured Asset Securities Corporation Mortgage Loan Trust 2007-3 WF1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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: Reconstituted Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Reconstituted 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 Trustee, which is acting on behalf of the SASCO 2000-3 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as owner, the Owner under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Owner" ” as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 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: Reconstituted Servicing Agreement (Greenwich Capital Acceptance Inc), Master Mortgage Loan Purchase Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 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 20002002-3 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a), Reconstituted 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 Trustee, which is acting on behalf of the SASCO 2000-3 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as owner, the Owner under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 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: Master Servicing Agreement (Structured Asset Mortgage Investments Inc), Reconstituted 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 Trustee, which is acting on behalf of the SASCO 2000-3 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as owner, the Purchaser under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 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 Purchaser under the Master 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 Agreement.
Appears in 2 contracts
Samples: Letter Agreement (Thornburg Mortgage Securities Trust 2005-4), Reconstituted 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 20002001-3 16H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Bank under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h), Reconstituted 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 Trustee, which is acting on behalf of the SASCO 2000-3 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as owner, the Purchaser under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 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 Purchaser under the Master 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 2 contracts
Samples: Letter Agreement (Greenwich Capital Acceptance Inc), Reconstituted 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 2007-3 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 owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 2 contracts
Samples: Reconstituted Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B), Reconstituted 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 the SASCO 2000LXS 2006-3 GP2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; and Flow 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: Reconstituted Servicing Agreement (Lehman XS Trust Series 2006-Gp2), Reconstituted 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 Trustee and the SASCO 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Purchaser under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "OwnerPurchaser" as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Flow Agreement; and 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: Reconstituted Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-15), Reconstituted 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 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as ownerpurchaser, under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "OwnerPurchaser" as used in the Master Servicing Agreement in connection with any rights of the Owner 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 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 2 contracts
Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3), Reconstituted 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 20002002-3 5A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 Master 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 Master 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: Execution Copy Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 5a), Reconstituted 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 2000SARM 2004-3 2 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "OwnerPurchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank under the Master Interim 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: Reconstituted Servicing Agreement (Structured Asset Securities Corp), Reconstituted 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 Indenture Trustee and the SASCO 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust AgreementIssuer, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 Transfer and Servicing Agreement.
Appears in 2 contracts
Samples: Reconstituted Servicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2), Reconstituted Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3)
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 2004-3 10 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Lehman Brothers Bank under the Master Interim Servicing Agreement to enforce the enforxx xxx obligations of the Servicer under the Master Interim Servicing Agreement and the term "OwnerPurchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Lehman Brothers Bank under the Master Interim Servicing Agreement; 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: Reconstituted Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Reconstituted 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 20002002-3 11A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-), Reconstituted 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 20002005-3 WF3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement 2005-M07 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement 2000-X00 XXXX and the term "Owner" “Purchaser” as used in the Master Servicing Agreement 2005-M07 SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement2000-X00 XXXX; 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 (SASCO Mortgage Loan Trust 2005-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 2006-3 6 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2006-6)
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 20002005-3 GEL3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (SASCO Mortgage Loan Trust Series 2005-Gel3)
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 2007-3 AR1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; and Flow 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: Reconstituted Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar1)
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 2000Xxxxxx XS 2007-3 9 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Servicing Agreement PWSA to enforce the obligations of the Servicer under the Master Servicing Agreement PWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement PWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Lehman XS Trust 2007-9)
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 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust AgreementIssuer, shall have the same rights as Xxxxxx Capital, the Seller as owner, purchaser under the Master Sale and Servicing Agreement to enforce the obligations of the Servicer under the Master such Sale and Servicing Agreement and the term "Owner" “Purchaser” as used in the Master Sale and Servicing Agreement in connection with any rights of the Owner Seller shall refer to the Trust Fund Issuer or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust FundIssuer, 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 Master Sale 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 Seller under the Master 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 Transfer and Servicing Agreement.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3)
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 20002002-3 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, FSB as owner, purchaser under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "OwnerPurchaser" as used in the Master Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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 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 2000-3 trust fund created pursuant to the Trust Fund Agreement (the "Trust Fund") created pursuant to the Trust Agreement), shall have the same rights as Xxxxxx Capital, as owner, Lehman Capital under the Master Flow Servicing Agreement to enforce the obligations obxxxxxxons of the Servicer under the Master Flow Servicing Agreement and the term "Owner" as used in the Master Flow Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 a Servicer Event of Default Default, as provided in Article IX of the Master Flow 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 Agreementhereunder; and in connection with the performance of the Master xxx Xaster 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: Reconstituted 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 2000SAIL 2003-3 BC9 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (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 2000-3 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Capital under the Master 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 "OwnerPurchaser" as used in the Master Servicing Agreement 8/1/98 SWSA in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement8/1/98 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: Reconstituted 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 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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; 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: Reconstituted 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 enforce that 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 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights (but not the obligations) as Xxxxxx Capital, as owner, under the Master Servicing Agreement Owner to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 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 1 contract
Samples: Reconstituted 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 2000HSI Asset Loan Obligation Trust 2007-3 1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Owner" ” as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted 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 20002002-3 26 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, as owner, FSB under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 Master 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 Master 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 2000GPMF 2006-3 AR5 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; and Flow 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: Reconstituted Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar5)
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 2004-3 1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (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 2007-3 4 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-4)
Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which . The 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 Indenture Trustee, the Issuer and the SASCO 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust AgreementInsurer, shall have the same rights as Xxxxxx Capital, as owner, Bank under the Master Servicing Agreement PSSA to enforce the obligations of the Servicer under the Master Servicing Agreement PSSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement PSSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund Issuer or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust FundIssuer, except as otherwise specified in Exhibit A hereto. The Master Servicer acting at the direction of the Insurer 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 AgreementPSSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Bank under the Master Servicing Agreement; PSSA 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 Transfer and Servicing Agreement.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He3)
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 2007-3 15N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Bank under the Master Servicing Agreement FPWSA to enforce the obligations of the Servicer under the Master Servicing Agreement FPWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement FPWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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. 6.
Appears in 1 contract
Samples: Servicing Agreement
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 2000-3 trust fund created pursuant to the Trust Fund Agreement (the "Trust Fund") created pursuant to the Trust Agreement), shall have the same rights as Xxxxxx Capital, as owner, each Seller (with respect to its related Mortgage Loans) under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 a Servicer Event of Default Default, as provided in Article IX of the Master Servicing 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 either Seller (with respect to its related Mortgage Loans) hereunder or under the Master Servicing 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: Residential Flow Servicing Agreement (Structured Ass Sec Cor a R Col Tr MRT Ps THR CRT Ser 01-Bc6)
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 2007-3 NC1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Owner" ” as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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 (HSI Asset Securitization CORP Trust 2007-Nc1)
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 2005-3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement 2005-M01 SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement 0000-X00 XXXX and the term "Owner" “Purchaser” as used in the Master Servicing Agreement 2005-M01 SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement0000-X00 XXXX; 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 (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 AgreementAssignment. The Master Servicer, acting on behalf of the Trustee and Assignee, the SASCO 2000-3 Trust Fund (owner of the "Trust Fund") created pursuant to the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as owner, the Purchaser under the Master Servicing Purchase Agreement to enforce the obligations of the Servicer under the Master Servicing Purchase Agreement and the term "OwnerPurchaser" as used in the Master Servicing Purchase Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund orMaster Servicer, as acting on behalf of the context requires, the Master Servicer 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 Master 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 Master 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 2000Structured Asset Securities Corporation Mortgage Loan Trust 2007-3 Trust Fund BC3 (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (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 2000GPMF 2006-3 AR6 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; and Flow 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: Reconstituted Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar6)
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 20002005-3 10 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, the Seller (as owner, assignee of the Bank) under the Master Servicing Agreement MSWSA to enforce the obligations of the Servicer under the Master Servicing Agreement thereunder and the term "Owner" “Purchaser” as used in the Master Servicing Agreement MSWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for on behalf of the Trustee 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 Master 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 Master Servicing AgreementMSWSA; 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
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 2002-3 BC4 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Bank under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (Structured Asset Sec Corp Mort Pass THR Certs Ser 2002 Bc4)
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 20002003-3 26A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "OwnerPurchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank under the Master Interim 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: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 26a)
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 2000-3 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Capital under the Master Flow Servicing Agreement to enforce the obligations of the Servicer under the Master Flow Servicing Agreement and the term "Owner" as used in the Master Flow Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Flow Servicing 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: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mo Pa Th Ce Se 2000-Bc2)
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 2000-3 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, as owner, FSB under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer Servicer, with the prior written 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 Master 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 Master Servicing AgreementSWSA; 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: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mo Pa Th Ce Se 2000-Bc2)
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 2007-3 AR2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Owner" ” as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted 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 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 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights (but not the obligations) as Xxxxxx Capital, as owner, under the Master Servicing Agreement Owner to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 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 1 contract
Samples: Reconstituted 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 2000Structured Asset Securities Corporation Mortgage Loan Trust 2006-3 WF3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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
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 2000-3 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Lehman Capital under the Master Flow Servicing Agreement to enforce the obligations obligxxxxxx of the Servicer under the Master Flow Servicing Agreement and the term "Owner" as used in the Master Flow Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer Servicer, with the prior consent of Freddie Mac, shall be entitled to terminate the rights and obligations of the xx xxx 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 Master Flow 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 Agreementhereunder; and in connection with the performance of the Master thx Xxxxer 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: Reconstituted 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 20002002-3 5A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, FSB as owner, purchaser under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "OwnerPurchaser" as used in the Master Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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 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 2000SARM 2004-3 15 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Bank under the Master Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "OwnerPurchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Interim 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
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 2000-3 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalLehman Brothers Bank, as owner, FSB under the Master Servicing Agreement SWSA to enforce the obligations of obligatixxx xx the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer Servicer, with the prior written consent of Freddie Mac, shall be entitled to terminate the rights and obligations obligxxxxxx 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 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 Master Servicing AgreementSWSA; and in connection with the performance xxx xerformance 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: Reconstituted 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 2000Xxxxxx XS 2007-3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Servicing Agreement PWSA to enforce the obligations of the Servicer under the Master Servicing Agreement PWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement PWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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 2000SARM 2006-3 6 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (Structured Adjustable Rate Mortgage Loan Trust Series 2006-6)
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 2000LXS 2006-3 GP1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; and Flow 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: Reconstituted 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 2000SARM 2006-3 12 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; and Flow 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: Reconstituted Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-12)
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 20002002-3 4H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, Capital as owner, purchaser under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "OwnerPurchaser" as used in the Master Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 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; 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. 4.
Appears in 1 contract
Samples: Servicing Agreement
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 20002005-3 10 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 Master 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 Master 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
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 20002005-3 GEL4 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master 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 "Owner" “Purchaser” as used in the Master Servicing Agreement 7/1/2004 SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement7/1/2004 SWSA; 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 (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 2000SAIL 2006-3 1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (Structured Asset Investment Loan Trust 2006-1)
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 20002001-3 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Capital, as owner, under the Master Servicing Agreement to enforce enxxxxx the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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; and in connection with connectixx xxxh 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: Reconstituted 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 2000LXS 2007-3 1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Lehman XS Trust 2007-1)
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 20002002-3 1A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "OwnerPurchaser" as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; 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: Reconstituted 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 . The 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 Indenture Trustee, the Issuer and the SASCO 2000-3 Trust Fund (the "Trust Fund") created pursuant to the Trust AgreementInsurer, shall have the same rights as Xxxxxx Capital, as owner, Bank under the Master Servicing Agreement PSSA to enforce the obligations of the Servicer under the Master Servicing Agreement PSSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement PSSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund Issuer or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust FundIssuer, except as otherwise specified in Exhibit A hereto. The Master Servicer acting at the direction of the Insurer 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 AgreementPSSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Capital Bank under the Master Servicing Agreement; PSSA 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 Transfer and Servicing Agreement.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1)
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 2007-3 2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-2)
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 2000SARM 2005-3 23 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Lehman Brothers Bank under the Master Servicing Agreement PWSA to enforce the obligations of the Servicer txx Xxxvicer under the Master Servicing Agreement PWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement PWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted 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 20002003-3 BC1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Bank under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 VI of the Master Servicing 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 Bank 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 Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 Bc1)
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 2006-3 GP3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing Flow Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; and Flow 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: Reconstituted Servicing Agreement (Lehman XS Trust Series 2006-Gp3)
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 2004-3 12 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "OwnerPurchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank under the Master Interim 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: Reconstituted 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 2000LMT 2007-3 9 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, the Seller as owner, purchaser under the Master Sale and Servicing Agreement to enforce the obligations of the Servicer under the Master such Sale and Servicing Agreement and the term "Owner" “Purchaser” as used in the Master Sale and Servicing Agreement in connection with any rights of the Owner Seller shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master Sale 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 Seller under the Master 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: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-9)
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 20002004-3 11XS Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Servicing Agreement PWSA to enforce the obligations of the Servicer under the Master Servicing Agreement PWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement PWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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 2007-3 4N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Lehman XS 2007-4n)
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 20002006-3 3H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; and 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 2000SARM 2007-3 5 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Servicing Agreement PWSA to enforce the obligations of the Servicer under the Master Servicing Agreement PWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement PWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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. 6.
Appears in 1 contract
Samples: Servicing Agreement
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 2006-3 5 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (Structured Adjustable Rate Mortgage Loan Trust Series 2006-5)
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 2000-3 5 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as ownerpurchaser, under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "OwnerPurchaser" as used in the Master Servicing Agreement in connection with any rights of the Owner 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 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 1 contract
Samples: Reconstituted 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 2000HSI Asset Securitization Corporation Trust 2006-3 HE1 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Owner" ” as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1)
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 2007-3 15N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Sale and Servicing Agreement to enforce the obligations of the Servicer under the Master Sale and Servicing Agreement and the term "“Initial Owner" ” or “Owner” as used in the Master Sale and Servicing Agreement in connection with any such rights of the Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Seller under the Master Sale and Servicing Agreement; 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: Reconstituted Servicing Agreement (Lehman XS Trust Series 2007-15n)
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 2007-3 HE2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Owner" ” as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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
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 2004-3 4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Initial Owner" or "Owner" as used in the Master Servicing Agreement in connection with any rights of the Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Seller 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 1 contract
Samples: Reconstituted 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 2000SARM 2006-3 1 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; and 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 Adjustable Rate Mortgage Loan Trust Series 2006-1)
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 2000SAIL 2003-3 BC11 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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: Securitization Subservicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc11)
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 2006-3 6 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, the Seller as owner, purchaser under the Master Sale and Servicing Agreement to enforce the obligations of the Servicer under the Master such Sale and Servicing Agreement and the term "Owner" “Purchaser” as used in the Master Sale and Servicing Agreement in connection with any rights of the Owner Seller shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master Sale 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 Seller under the Master 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: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2006-6)
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 Trustee, which is acting on behalf of the SASCO 2000-3 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Capital, as owner, the Purchaser under the Master Purchase and Servicing Agreement to enforce the obligations of the Servicer under the Master Purchase and Servicing Agreement and the term "OwnerPurchaser" as used in the Master Purchase and Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Section 14.01 of the Master Purchase 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 Master Purchase and Servicing Agreement; and 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 1 contract
Samples: Reconstituted 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 2000SAIL 2003-3 BC8 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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 (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc8)
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 2007-3 2N Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Lehman XS Trust Series 2007-2n)
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 2007-3 2 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "“Owner" ” as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted 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 20002001-3 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Capital, as owner, under the Master Servicing Agreement Servicinx Xxxxement to enforce the obligations of the Servicer under the Master Servicing Agreement and the term "Owner" as used in the Master Servicing Agreement in connection with any rights of the Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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; and xxx 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 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 2000GPMF 2007-3 AR3 Trust Fund (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Flow Agreement to enforce the obligations of the Servicer under the Master Servicing such Flow Agreement and the term "Owner" “Purchaser” as used in the Master Servicing Flow Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing Agreement; and Flow 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: Reconstituted 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 2000Structured Asset Securities Corporation Mortgage Loan Trust 2007-3 Trust Fund WF2 (the "“Trust Fund"”) created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, the Seller under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA and the term "Owner" “Purchaser” as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master Servicing AgreementSWSA; 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: Warranties and Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf2)
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 2004-3 13 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Capital, as owner, Brothers Bank under the Master Interim Servicing Agreement to enforce the obligations of the Servicer under the Master Interim Servicing Agreement and the term "OwnerPurchaser" as used in the Master Interim Servicing Agreement in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank under the Master Interim 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: Reconstituted 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 20002002-3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx CapitalBrothers Bank, FSB, as ownerpurchaser, under the Master Servicing Agreement SWSA to enforce the obligations of the Servicer under the Master Servicing Agreement SWSA, and the term "OwnerPurchaser" as used in the Master Servicing Agreement SWSA in connection with any rights of the Owner Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Master 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 Master 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: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3)