Common use of Mortgage Loans, Trust Fund Held for Benefit of Certificate Insurer and Holders of Certificates Clause in Contracts

Mortgage Loans, Trust Fund Held for Benefit of Certificate Insurer and Holders of Certificates. (a) The Trustee shall hold the Trust Fund and, through the Custodian, the Custodial Files for the benefit of the Certificateholders and the Certificate Insurer and all references in this Agreement and in the Certificates to the benefit of Holders of the Certificates shall be deemed to include the Certificate Insurer. The Trustee shall follow all reasonable instructions and requests of the Certificate Insurer to assist it to take action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement unless a Certificate Insurer Default exists. (b) The Servicer hereby acknowledges and agrees that it shall service the Mortgage Loans for the benefit of the Certificateholders and for the benefit of the Certificate Insurer, and all references in this Agreement to the benefit of or actions on behalf of the Certificateholders shall be deemed to include the Certificate Insurer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-14he), Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-16he), Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-12alt)

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Mortgage Loans, Trust Fund Held for Benefit of Certificate Insurer and Holders of Certificates. (a) The Trustee shall hold the Trust Fund and, through the Custodian, the Custodial Files for the benefit of the Certificateholders and the Certificate Insurer and all references in this Agreement and in the Certificates to the benefit of Holders of the Certificates shall be deemed to include the Certificate Insurer. The Trustee shall follow all reasonable instructions and requests of the Certificate Insurer to assist it to take action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement unless a Certificate Insurer Default exists. (b) The Each Servicer hereby acknowledges and agrees that it shall service the Mortgage Loans for the benefit of the Certificateholders and for the benefit of the Certificate Insurer, and all references in this Agreement to the benefit of or actions on behalf of the Certificateholders shall be deemed to include the Certificate Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series 2004-11he)

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