Common use of Monitoring of the Servicer Clause in Contracts

Monitoring of the Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee (on behalf of the Trust) and the Depositor the 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 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 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, the Trustee and the Servicing Rights Owner thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate and is consistent with Section 3.09(b) below.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar3), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar4), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar4)

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Monitoring of the Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee (on behalf of the Trust) ), the Certificate Insurer and the Depositor the 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 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 the Servicing Agreement, 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, the Trustee Certificate Insurer and the Servicing Rights Owner Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate and is consistent with Section 3.09(b) belowappropriate.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1)

Monitoring of the Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee (on behalf of the Trust) ), the Certificate Insurer and the Depositor the 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 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 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, the Trustee Trustee, the Certificate Insurer and the Servicing Rights Owner thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate and is consistent with Section 3.09(b) below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar6), Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2005-Ar5)

Monitoring of the Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee (on behalf of the Trust) ), the Certificate Insurer and the Depositor the 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 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 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, the Certificate Insurer, the Trustee and the Servicing Rights Owner thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate and is consistent with Section 3.09(b) below.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar2)

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Monitoring of the Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee (on behalf of the TrustTrust Fund) and the Depositor the 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 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 the such Servicing Agreement, Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the DepositorDepositor and the Trustee thereof, and with respect to the SRO Servicer, the Trustee and Master Servicer shall also notify the Servicing Rights Owner thereof Owner, and the Master Servicer shall issue such notice or take such other action as it deems appropriate and is consistent with Section 3.09(b3.03(b) or, with respect to the SRO Servicer, Section 3.03(f) below.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Dsla 2007-Ar1)

Monitoring of the Servicer. (a) The Master Servicer shall be responsible for reporting to the Trustee (on behalf of Trustee, the Trust) Securities Administrator and the Depositor the 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 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 the Servicing Agreement, 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, the Trustee Securities Administrator and the Servicing Rights Owner Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate and is consistent with Section 3.09(b) belowappropriate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-D Trust)

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