Common use of Monitoring of Servicer Clause in Contracts

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee and the Depositor the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s compliance with the terms of its Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-5), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-5), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-5)

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Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee and the Depositor Company the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s compliance with the terms of its Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Company and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-2), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee and the Depositor Company the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s compliance with the terms of its Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Company and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-3), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-3), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-4)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee and the Depositor Company the non-compliance by the Servicer with its duties under the related Servicing Agreement. In the review of the Servicer’s 's activities, the Master Servicer may rely upon an officer’s 's certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s 's compliance with the terms of its Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Company, the NIMS Insurer and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-1), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2004-5)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee and the Depositor Company the non-compliance by the Servicer with its duties under the related Servicing Agreement. In the review of the Servicer’s 's activities, the Master Servicer may rely upon an officer’s 's certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s 's compliance with the terms of its Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Company and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset-Backed Pass-Through Certificates, Series 2004-4), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-2)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Issuer, the Indenture Trustee and the Depositor the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s 's activities, the Master Servicer may rely upon an officer’s 's certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the such Servicer’s 's compliance with the terms of its the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its the Servicing Agreement, or that a notice should be sent pursuant to such the Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Depositor, the Issuer and the Indenture Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Structured Asset Mortgage Investments II Inc., HomeBanc Mortgage Trust 2004-2), Sale and Servicing Agreement (Homebanc Mortgage Trust 2004-1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee and the Depositor the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s compliance with the terms of its Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-1), Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-2)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to monitoring the Trustee and the Depositor the non-compliance by the Servicer with its duties under the Mortgage Loan Purchase and Servicing Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s compliance with the terms of its the Mortgage Loan Purchase and Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its the Mortgage Loan Purchase and Servicing Agreement, or that a notice should be sent pursuant to such the Mortgage Loan Purchase and Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3), Pooling and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-2)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee and the Depositor the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s compliance with the terms of its the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the a Servicer should be terminated in accordance with its the Servicing Agreement, or that a notice should be sent pursuant to such the Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1), Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee Trustee, the Trust Administrator and the Depositor the non-compliance by the Servicer with its duties under the Servicing Master Agreement. In the its review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer a Servicing Officer of the Servicer) with regard to the Servicer’s compliance with the terms of its Servicing the Master Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its Servicing the Master Agreement, or that a notice should be sent pursuant to such Servicing the Master Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Depositor, the Trust Administrator and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-Wf1)

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Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee and the Depositor the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s 's activities, the Master Servicer may rely upon an officer’s 's certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s 's compliance with the terms of its the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its the Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor and the Trustee thereof and in writing. Pursuant to its receipt of such notification from the Master Servicer Servicer, the Trustee shall issue such notice of termination to the Servicer or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2004-2)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee Trustee, the Trust Administrator and the Depositor the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s 's activities, the Master Servicer may rely upon an officer’s 's certificate of the Servicer (or similar document signed by an officer a Servicing Officer of the Servicer) with regard to the Servicer’s 's compliance with the terms of its the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its the Servicing Agreement, or that a notice should be sent pursuant to such the Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Depositor, the Trust Administrator and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mastr as Bk Sec Tr 2004 Wmc1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee Trustee, the Trust Administrator and the Depositor the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s 's activities, the Master Servicer may rely upon an officer’s 's certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the such Servicer’s 's compliance with the terms of its the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its the Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Depositor, the Trust Administrator and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brots Mort Sec Vii Inc Citigroup Mort Ln Tr 03 Hyb1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee Trustee, the Trust Administrator and the Depositor the non-compliance by the Servicer with its duties under the Servicing Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer a Servicing Officer of the Servicer) with regard to the Servicer’s compliance with the terms of its the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its the Servicing Agreement, or that a notice should be sent pursuant to such the Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Depositor, the Trust Administrator and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-He2)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to monitoring the Trustee and the Depositor the non-compliance by the Servicer with its duties under the Purchase and Servicing Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s compliance with the terms of its the Purchase and Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its the Purchase and Servicing Agreement, or that a notice should be sent pursuant to such the Purchase and Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Transferor and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee Trustee, the Trust Administrator and the Depositor the non-compliance by the Servicer with its duties under the Servicing this Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an officer’s certificate Officers’ Certificate of the Servicer (or similar document signed by an officer a Servicing Officer of the Servicer) with regard to the Servicer’s compliance with the terms of its Servicing this Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with its Servicing Agreementthe terms hereof, or that a notice should be sent pursuant to such Servicing Agreement the terms hereof with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor Depositor, the Trust Administrator and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Distribution Instructions (MASTR Asset Backed Securities Trust 2006-Am1)

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