Common use of Master Servicing; Termination of Servicer Clause in Contracts

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 SARM 2004-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 3 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp)

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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 SARM 2004ARC 2002-4 BC3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Bank or Xxxxxx Brothers Bank Capital under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, 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, as provided in Article X of the SWSA. 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 Brothers Bank Capital under the Interim Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 3 contracts

Samples: Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3), Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3), Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 1A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 X of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a), Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 2 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SARM 2004-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Brothers Bank the Owner under the Interim Master Servicing Agreement to enforce the obligations of the Servicer under the Interim Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article 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 Brothers Bank the Owner under the Interim Master Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1), Servicing Agreement (Greenwich Capital Acceptance Inc)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 5A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 X of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 5a), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 5a)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2000-4 3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Capital, as purchaser, under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Master Servicing Agreement and the term "Purchaser" as used in the Interim Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Capital under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3), Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 X of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a), Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SARM 2004-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Brothers Bank the Purchaser under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 or upon an Event of Default, as provided in Article X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Purchaser under the Interim Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4), Servicing Agreement (Thornburg Mortgage Securities Trust 2005-3)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 11A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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 X of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-), Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 10 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement to enforce the enforxx xxx obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement and in connection cxxxxxxion with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Purchaser under the Interim Servicing Flow Agreement to enforce the obligations of the Servicer under the Interim Servicing Flow Agreement and the term "Purchaser" as used in the Interim Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article XIV (Default) of the 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 Brothers Bank the Seller under the Interim Servicing Agreement and Flow Agreement; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-15), 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 Indenture Trustee and the SARM 2004-4 Trust Fund (the "Trust Fund") created pursuant to the Trust AgreementIssuer, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article X (Default) of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Transfer and Servicing Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Servicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004LXS 2006-4 GP2 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Flow Agreement to enforce the obligations of the Servicer under the Interim Servicing Flow Agreement and the term "Purchaser" as used in the Interim Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 XI of the Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Flow Agreement and and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Lehman XS Trust Series 2006-Gp2), Servicing Agreement (Lehman XS Trust Series 2006-Gp2)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SARM 2004-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Brothers Bank the Owner under the Interim Master Servicing Agreement to enforce the obligations of the Servicer under the Interim Master Servicing Agreement and the term "PurchaserOwner" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article 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 Brothers Bank the Owner under the Interim Master Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc), Servicing Agreement (Structured Asset Mortgage Investments Inc)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2001-4 21A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Brothers Bank Bank, FSB as purchaser under the Interim Servicing Agreement to enforce xx xxxorce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Brothers Bank Bank, FSB under the Interim Servicing Agreement Agreement; and in connection connexxxxx with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Sec Mort Pass THR Cert Series 2001-21a), Servicing Agreement (Structured Asset Sec Mort Pass THR Cert Series 2001-21a)

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 SARM 2004Structured Asset Securities Corporation Mortgage Loan Trust 2007-4 WF1 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust FundServicer, except as otherwise specified in Exhibit A hereto. The Master 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, as provided in Article X (Default) of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Brothers Bank Seller under the Interim Servicing Agreement and SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and Trustee, which is acting on behalf of the SARM 2004-4 Trust Fund (Trust, the "Trust Fund") created pursuant to owner of the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Brothers Bank the Purchaser under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 or upon an Event of Default, as provided in Article X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Purchaser under the Interim Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Greenwich Capital Acceptance Inc), Servicing Agreement (Thornburg Mortgage Securities Trust 2005-2)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SAIL 2005-4 3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2005-M01 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 0000-X00 XXXX and the term "Purchaser" as used in the Interim Servicing Agreement 2005-M01 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, 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, as provided in Article X (Default) of the 0000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 0000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2005-3)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SAIL 2005-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2005-M02 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement and 2000-X00 XXXX xnd the term "Purchaser" as used in the Interim Servicing Agreement 2005-M02 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, 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, as provided in Article X (Default) of the 2000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 2000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2005-4)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 2 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Bank, FSB, as purchaser, under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA, and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Bank, FSB under the Interim Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004HSI Asset Loan Obligation Trust 2007-4 AR2 Trust Fund (the "Trust Fund") created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" “Owner” as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article X (Default) of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Brothers Bank Seller under the Interim Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Hsi Asset Securitization Corp)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Capital, as owner, under the Interim Master Servicing Agreement to enforce the obligations of the Servicer under the Interim Master Servicing Agreement and the term "PurchaserOwner" as used in the Interim Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank Capital under the Interim Master Servicing Agreement Agreement; and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, 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 SARM 2004LXS 2007-4 4N Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement to enforce the obligations of the Servicer under the Interim Sale and Servicing Agreement and the term "Purchaser" “Initial Owner” or “Owner” as used in the Interim Sale and Servicing Agreement in connection with any such rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman XS 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 SARM 2004SASCO 2002-4 4H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Flow Agreement to enforce the obligations of the Servicer under the Interim Servicing Flow Agreement and the term "PurchaserInitial Owner" or "Owner" as used in the Interim Servicing Flow Agreement in connection with any rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Flow Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2005-4 S1 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context content requires, the Master Servicer 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, 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 X (Default) of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement and SWSA, and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp 2005-S1)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 4H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Lehman Capital, as owner, under the Interim Master Servicing Agreement to enforce exxxxxx the obligations of the Servicer under the Interim Master Servicing Agreement and the term "PurchaserOwner" as used in the Interim Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank Lehman Capital under the Interim Master Servicing Agreement Agreement; and in connection with connectxxx xxth the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 10H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Lehman Capital, as owner, under the Interim Master Servicing Agreement to enforce the enfxxxx xhe obligations of the Servicer under the Interim Master Servicing Agreement and the term "PurchaserOwner" as used in the Interim Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank Lehman Capital under the Interim Master Servicing Agreement Agreement; and in connection with connectiox xxxx the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated 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 SARM 2004SASCO 2001-4 17 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Bank, FSB as purchaser, under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Bank, FSB under the 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: Servicing Agreement (Structured Asset Secs Corp Mort Pas Thru CRTS SRS 2001-17)

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 SARM 2004-4 14 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank under the Interim Servicing Flow Agreement to enforce the obligations of the Servicer under the Interim Servicing Flow Agreement and the term "Purchaser" as used in the Interim Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 XI of the Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank under the Interim Servicing Flow Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-14)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "PurchaserInitial Owner" or "Owner" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured 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 SARM 2004-4 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Owner under the Interim Master Servicing Agreement to enforce the obligations of the Servicer under the Interim Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article 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 Brothers Bank the Owner under the Interim 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 (Thornburg Mortgage Sec Tr 2002-1 MRT Ln Ps THR CRT Sr 2002-1)

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 SARM 2004CENDANT 2001-4 6 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Capital, as purchaser, under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Capital under the 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: Servicing Agreement (Cendant Mortgage Corp Mort Pass Through Cert Series 2001-6)

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 SARM 2004SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Capital, as purchaser, under the Interim Warranties and Servicing Agreement to enforce the obligations of the Servicer under the Interim Warranties and Servicing Agreement and the term "Purchaser" as used in the Interim Warranties and Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 if such failure constitutes an Event of Default as provided in Article X of the Warranties and Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Purchaser under the Interim Warranties and Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2003-4 12XS Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Bank, FSB, as purchaser, under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA, and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Bank, FSB under the Interim Servicing Agreement SWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Ce Se 2003-12xs)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Capital under the Interim Servicing Agreement 4/1/2000 PWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 4/1/2000 PWSA and the term "Purchaser" as used in the Interim Servicing Agreement 4/1/2000 PWSA in connection with any rights of the 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, 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, as and to the extent provided in Article X of the 4/1/2000 PWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Capital under the Interim Servicing Agreement 4/1/2000 PWSA; and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Amortizing Resi Collateral Tr Mor Pas Thru Cert Ser 2000-Bc3)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this AgreementAssignment. The Master Servicer, acting on behalf of the Trustee and Assignee, the SARM 2004-4 Trust Fund (owner of the "Trust Fund") created pursuant to the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Brothers Bank the Purchaser under the Interim Servicing Purchase Agreement to enforce the obligations of the Servicer under the Interim Servicing Purchase Agreement and the term "Purchaser" as used in the Interim Servicing Purchase Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund orMaster Servicer, as acting on behalf of the context requires, the Master Servicer acting in its capacity as agent for the Trust FundAssignee, except as otherwise specified in Exhibit Exhibits A and B, hereto. Notwithstanding anything herein , and provided that any reference in the Purchase Agreement to "the contrary, in no event Purchaser's expense" (or words to like effect) shall the Master Servicer assume any be deemed to be expenses of the obligations Assignee and, if it relates to reimbursement of Xxxxxx Brothers Bank under expenses incurred by the Interim Servicing Agreement and in connection with Servicer shall be recoverable by the performance of Servicer from the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Collection Account. The Master Servicer shall be entitled to all terminate the rights and obligations of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.this Assignment upon an Event of Default, as provided in Section 10.01

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Structured Asset Mortgage Investments Ii 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 SARM 2004SASCO 2002-4 5A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Bank, FSB as purchaser under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Bank, FSB under the 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: 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 SARM 2004SASCO 2005-4 WF1 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2005-M01 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 0000-X00 XXXX and the term "Purchaser" as used in the Interim Servicing Agreement 2005-M01 SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, 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, as provided in Article X (Default) of the 0000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 0000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-Wf1)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2001-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Lehman Capital, as owner, under the Interim Servicing Agreement Master Servicinx Xxxxement to enforce the obligations of the Servicer under the Interim Master Servicing Agreement and the term "PurchaserOwner" as used in the Interim Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank Lehman Capital under the Interim Master Servicing Agreement and Agreement; 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: 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 SARM 2004-4 12 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement to enforce the enforxx xxx obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement and in connection cxxxxxxion with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004HSI Asset Loan Obligation Trust 2007-4 2 Trust Fund (the "Trust Fund") created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" “Owner” as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article X (Default) of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Brothers Bank Seller under the Interim Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Hsi Asset Securitization Corp)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 14 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers the Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers the Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-14)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 18 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement to enforce the enforxx xxx obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement and in connection cxxxxxxion with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 13 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement to enforce the obligations xxxxxxtions of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement and in connection with connectixx xxxh the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 Trust Fund trust fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Lehman Capital under the Interim LC Servicing Agreement to enforce the obligations oblixxxxxxs of the Servicer under the Interim LC Servicing Agreement and the term "PurchaserOwner" as used in the Interim LC Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article IX of the LC Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Lehman Capital under the Interim LC Servicing Agreement Agreement; and in connection with the xxxx xhe performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mort 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 SARM 2004-4 15 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers the Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers the Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-15)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM ARC 2004-4 1 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2004-M04 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 0000-X00 XXXX and the term "Purchaser" as used in the Interim Servicing Agreement 2004-M04 SWSA in connection with any rights of the 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, 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, as provided in Article X (Default) of the 0000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 0000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Amortizing Residential Collateral Trust, Series 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 SARM 2004SASCO 2000-4 5 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Capital, as purchaser, under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Master Servicing Agreement and the term "Purchaser" as used in the Interim Master Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Capital under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured 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 SARM 2004SASCO 2005-4 WF3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2005-M07 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 2000-X00 XXXX and the term "Purchaser" as used in the Interim Servicing Agreement 2005-M07 SWSA in connection with any rights of the 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, 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, as provided in Article X (Default) of the 2000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 2000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (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 SARM 2004SASCO 2001-4 19 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Bank, FSB, as purchaser, under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA, and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Bank, FSB under the Interim Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2001 19)

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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 SARM 2004SASCO 2001-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Lehman Capital, as purchaser, under the Interim Servicing Agreement to Agreemxxx xx enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer or the Trustee acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Lehman Capital under the Interim Servicing Agreement and in connection connxxxxxx with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pa Th Cert Ser 2001-8a)

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 SARM 2004LXS 2006-4 12N Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement to enforce the obligations of the Servicer under the Interim Sale and Servicing Agreement and the term "Purchaser" “Initial Owner” or “Owner” as used in the Interim Sale and Servicing Agreement in connection with any such rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall terminate the rights and obligations of the Servicer under this Agreement upon the Servicing Transfer Date. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman XS Trust Series 2006-12n)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM SAIL 2004-4 9 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2004-M04 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 0000-X00 XXXX and the term "Purchaser" as used in the Interim Servicing Agreement 2004-M04 SWSA in connection with any rights of the 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, 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, as provided in Article X (Default) of the 0000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 0000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2004-9)

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 SARM 2004LXS 2007-4 2N Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement to enforce the obligations of the Servicer under the Interim Sale and Servicing Agreement and the term "Purchaser" “Initial Owner” or “Owner” as used in the Interim Sale and Servicing Agreement in connection with any such rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman XS Trust Series 2007-2n)

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 SARM 2004LXS 2006-4 18N Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement to enforce the obligations of the Servicer under the Interim Sale and Servicing Agreement and the term "Purchaser" “Initial Owner” or “Owner” as used in the Interim Sale and Servicing Agreement in connection with any such rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman XS Trust Series 2006-18n)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2005-4 WF2 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2005-M04 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 0000-X00 XXXX and the term "Purchaser" as used in the Interim Servicing Agreement 2005-M04 SWSA in connection with any rights of the 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, 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, as provided in Article X (Default) of the 0000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 0000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-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 SARM 2004LXS 2006-4 17 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement Master SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement Master SWSA and the term "Purchaser" as used in the Interim Servicing Agreement Master SWSA in connection with any rights of the 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, as provided in Article X (Default) of the Master SWSA. The replacement of the Servicer will require the prior approval of the insurers, PMI and MGIC, which approval shall not be reasonably withheld. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Brothers Bank Seller under the Interim Servicing Agreement and Master SWSA; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman XS Trust 2006-17)

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 SARM 2004-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "PurchaserInitial Owner" or "Owner" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall be entitled to terminate the rights and obligations of the Servicer under this Agreement upon the failure of the Servicer to perform any of its obligations under this Agreement, which failure results in an Event of Default as provided in Article IX of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured 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 SARM 2004LXS 2006-4 10N Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Capital under the Interim Servicing Agreement FISA to enforce the obligations of the Servicer under the Interim Servicing Agreement FISA as to the Mortgage Loans, and the term "Purchaser" as used in the Interim Servicing Agreement FISA in connection with any rights of the Purchaser as to the Mortgage Loans 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 XI of the FISA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Capital under the Interim Servicing Agreement FISA and in connection with the performance of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman XS Trust Series 2006-10n)

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 SARM 2004SASCO 2003-4 37A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Mortgage Pass-Through Certificates Series 2003-37a)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004HSI Asset Loan Obligation Trust 2007-4 1 Trust Fund (the "Trust Fund") created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" “Owner” as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article X (Default) of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Brothers Bank Seller under the Interim Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Hsi Asset Securitization Corp)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM SASCO 2004-4 21XS Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2004-M04 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 0000-X00 XXXX and the term "Purchaser" as used in the Interim Servicing Agreement 2004-M04 SWSA in connection with any rights of the 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, as provided in Article X (Default) of the 0000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 0000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-21xs)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, which is acting on behalf of the Trustee and Trust, the SARM 2004-4 Trust Fund (owner of the "Trust Fund") created pursuant to the Trust AgreementMortgage Loans, shall have the same rights as Xxxxxx Brothers Bank the Owner under the Interim Master Servicing Agreement to enforce the obligations of the Servicer under the Interim Master Servicing Agreement and the term "Purchaser" “Owner” as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article 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 Brothers Bank the Owner under the Interim Master Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Sale and Servicing Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 13 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (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 SARM 2004SASCO 2002-4 3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Bank, FSB, as purchaser, under the Interim Servicing Agreement SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement SWSA, and the term "Purchaser" as used in the Interim Servicing Agreement SWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the SWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Bank, FSB under the Interim Servicing Agreement SWSA and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3)

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 SARM 2004SASCO 2002-4 8A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Bank, FSB as purchaser under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Bank, FSB under the 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: 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, 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 SARM 2004LXS 2007-4 15N Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement to enforce the obligations of the Servicer under the Interim Sale and Servicing Agreement and the term "Purchaser" “Initial Owner” or “Owner” as used in the Interim Sale and Servicing Agreement in connection with any such rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement and in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman XS Trust Series 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 SARM 20042005-4 22 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers the Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers the Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-22)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2002-4 3 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Bank, FSB as purchaser under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Bank, FSB under the 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: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3)

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 SARM 2004LXS 2006-4 12N Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Sale and Servicing Agreement to enforce the obligations of the Servicer under the Interim Sale and Servicing Agreement and the term "Purchaser" “Initial Owner” or “Owner” as used in the Interim Sale and Servicing Agreement in connection with any such rights of the Purchaser Initial Owner or Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. The Master Servicer shall terminate the rights and obligations of the Servicer under this Agreement upon the Servicing Transfer Date. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim 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. 5.

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 SARM 2004HSI Asset Loan Obligation Trust 2006-4 2 Trust Fund (the "Trust Fund") created pursuant to the Trust Pooling and Servicing Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "PurchaserOwner" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article X (Default) of the Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer be required to assume any obligations of the obligations of Xxxxxx Brothers Bank Seller under the Interim Servicing Agreement and Agreement; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Servicing Agreement (HSI Asset Loan Obligation Trust 2006-2)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004LMT 2007-4 7 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement FPWSA as to the Mortgage Loans to enforce the obligations of the Servicer under the Interim Servicing Agreement FPWSA and the term "Purchaser" as used in the Interim Servicing Agreement FPWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the FPWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement FPWSA and in connection with the performance of the Master Servicer's ’s duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman Mortgage Trust 2007-7)

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 SARM 2004LXS 2007-4 15N Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers the Bank under the Interim Servicing Agreement FPWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement FPWSA and the term "Purchaser" as used in the Interim Servicing Agreement FPWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Section 28(a) of the FPWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers the Bank under the Interim 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 SARM 2004SASCO 2003-4 34A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement to enforce the enforcx xxx obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement and in connection coxxxxxxon with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-34a)

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 SARM 2004SASCO 2003-4 26A Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (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 SARM 2004SASCO 2002-4 10H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Lehman Capital, as owner, under the Interim Master Servicing Agreement to enforce enxxxxx the obligations of the Servicer under the Interim Master Servicing Agreement and the term "PurchaserOwner" as used in the Interim Master Servicing Agreement in connection with any rights of the Purchaser Owner shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Brothers Bank Lehman Capital under the Interim Master Servicing Agreement Agreement; and in connection with connectixx xxxh the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2001-4 16H Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Bank, as purchaser, under the Interim Sale and Servicing Agreement to enforce the obligations of the Servicer under the Interim Sale and Servicing Agreement and the term "Purchaser" as used in the Interim Sale and Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 Subsection 13.01 of the Sale and Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers the Bank under the Interim Sale and Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004SASCO 2005-4 WF4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller under the Interim Servicing Agreement 2005-M09 SWSA to enforce the obligations of the Servicer under the Interim Servicing Agreement 0000-X00 XXXX and the term "Purchaser" as used in the Interim Servicing Agreement 2005-M09 SWSA in connection with any rights of the 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, 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, as provided in Article X (Default) of the 0000-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 Brothers Bank the Seller under the Interim Servicing Agreement and 0000-X00 XXXX; and, in connection with the performance of the Master Servicer's ’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp 2005-Wf4)

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 SARM 2004SASCO 2000-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank Capital, as purchaser, under the Interim Servicing Flow Agreement to enforce the obligations of the Servicer under the Interim Servicing Flow Agreement and the term "Purchaser" as used in the Interim Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 XI of the Flow Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank Capital under the Interim Servicing Flow Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2000-4)

Master Servicing; Termination of Servicer. The Servicer, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to ensure that the Servicer services the Serviced Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the SARM 2004-4 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Purchaser under the Interim Servicing Flow Agreement to enforce the obligations of the Servicer under the Interim Servicing Flow Agreement and the term "Purchaser" as used in the Interim Servicing Flow Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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, as provided in Article XIV (Default) of the 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 Brothers Bank the Seller under the Interim Servicing Agreement and Flow Agreement; and, in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Lehman Sarm 2005-5)

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 SARM 2004-4 12 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank under the Interim Servicing Agreement to enforce the obligations of the Servicer under the Interim Servicing Agreement and the term "Purchaser" as used in the Interim Servicing Agreement in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer acting in its capacity as agent for the Trust Fund, except as otherwise specified in Exhibit A hereto. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank under the Interim Servicing Agreement and in connection with the performance of the Master Servicer's duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (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 SARM 2004LMT 2006-4 6 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Brothers Bank the Seller as purchaser under the Interim Sale and Servicing Agreement to enforce the obligations of the Servicer under the Interim such Sale and Servicing Agreement and the term "Purchaser" as used in the Interim Sale and Servicing Agreement in connection with any rights of the Purchaser 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 Section 10.01 of the Sale and Servicing Agreement. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Brothers Bank the Seller under the Interim 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: 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 SARM 20042005-4 23 Trust Fund (the "Trust Fund") created pursuant to the Trust Agreement, shall have the same rights as Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement PWSA to enforce the obligations of the Servicer txx Xxxvicer under the Interim Servicing Agreement PWSA and the term "Purchaser" as used in the Interim Servicing Agreement PWSA in connection with any rights of the Purchaser shall refer to the Trust Fund or, as the context requires, the Master Servicer 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 X of the PWSA. Notwithstanding anything herein to the contrary, in no event shall the Master Servicer assume any of the obligations of Xxxxxx Lehman Brothers Bank under the Interim Servicing Agreement PWSA and in connection with the performance perfxxxxxxe of the Master Servicer's duties hereunder, hereunder the parties and other signatories hereto agree that the Master Servicer shall be entitled to all of the rights, protections and limitations of liability afforded to the Master Servicer under the Trust Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)

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