Common use of No Personal Solicitation Clause in Contracts

No Personal Solicitation. From and after each related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicer.

No Personal Solicitation. From and after each the related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, provided that the Servicer may not solicit any Mortgagor mortgagor for whom the Servicer has received a request for verification of mortgagemortgage status, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, and shall refer such mortgagor to the Seller or its agent as provided by the Seller to the Servicer; provided, however, if upon such referral by the Servicer of such mortgagor to the Seller or its agent, the mortgagor decides to refinance such Mortgage Loan with the Servicer, the Seller shall not hinder the mortgagor’s right to choose its refinancing agent, and may solicit such mortgagor for refinancing; provided, further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, including without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio radio, telephone and television advertisements shall not constitute solicitation under this Section 10.09 9.05 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicermortgagor.

No Personal Solicitation. From and after each the related Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the ServicerCompany's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects products or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 12.11 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.11: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicer.Company. [Signature page follows]

No Personal Solicitation. From and after each the related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may not solicit any Mortgagor for whom the Servicer has received a request for verification of mortgagemortgage status, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or if the mortgagor Mortgagor initiates a title search, and shall refer such Mortgagor to the Seller or its agent as provided to the Servicer; provided however, if upon such referral of the Servicer to the Seller or its agent, the Mortgagor decides to reference such Mortgage Loan with the Servicers, the Sellers shall not hinder the Mortgagor’s right to choose its refinancing agent, and may solicit such Mortgagor for refinancing; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates Affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, including without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio radio, telephone and television advertisements shall not constitute solicitation under this Section 10.09 9.05 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicer.

No Personal Solicitation. From and after each the related Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's Company’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects products or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 12.11 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.11: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the ServicerCompany.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor borrower or obligor under any Mortgage Loan (on a targeted basis) for the purpose any purposes of prepayment, refinancing such Mortgage Loan; provided, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification or modification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, provided, however, that this limitation shall not prohibit the Servicer from soliciting such Mortgagor for purposes of prepayment, refinance or modification of any loan owned or serviced by the mortgagor initiates Servicer other than a title search, provided furtherMortgage Loan. Notwithstanding the foregoing, it is understood and agreed that that, among other marketing activities, promotions and solicitations (including, without limitation, those for purposes of prepayment, refinance or modification) undertaken by the Servicer which are directed to the general public at large or which are directed generally to a segment of the then existing customers of the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired the mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 nor is the Servicer prohibited from responding of promotional materials to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation’s or its affiliates’ deposit customers by inserting such materials into customer account statements, mass mailings based on commercially acquired mailing lists and newspaper, radioradio and television advertisements and solicitations made on the basis of information acquired by the Servicer or its affiliates that indicates that a borrower may be planning to refinance) shall not constitute solicitation under this section. Language included on or in the Servicer's website, television and other mass media advertisements; (ii) interactive voice response system, coupon books or billing statements that is not specifically targeted at the borrower messages included onor obligor under any Mortgage Loan, shall not be deemed to constitute solicitations under Section 9.05. In the event the Servicer does refinance any Mortgage Loan as a result of a violation of the requirements set forth in this Section 9.05, the Servicer hereby agrees to pay to the Trust Fund an amount equal to the difference, if any, between the amount that the Trust Fund would have received if it had sold the Mortgage Loan to a third party, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent proceeds received by the Trust Fund as a result of such refinancing. Notwithstanding anything to the borrowers contrary, this section shall not prohibit the Servicer or its agent or affiliates from serving the refinancing needs or other financial needs of other mortgage loans serviced by a Mortgagor who, without solicitation, contacts the ServicerServicer or its agents or affiliates directly.

No Personal Solicitation. From and after each the related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may not solicit any Mortgagor mortgagor for whom the Servicer has received a request for verification of mortgagemortgage status, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, and shall refer such mortgagor to the Seller or its agent as provided by the Seller to the Servicer; provided, however, if upon such referral by the Servicer of such mortgagor to the Seller or its agent, the mortgagor decides to refinance such Mortgage Loan with the Servicer, the Seller shall not hinder the mortgagor’s right to choose its refinancing agent, and may solicit such mortgagor for refinancing; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, including without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio radio, telephone and television advertisements shall not constitute solicitation under this Section 10.09 9.05 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicermortgagor.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor borrower or obligor under any Mortgage Loan (on a targeted basis) for the purpose any purposes of prepayment, refinancing such Mortgage Loan; provided, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification or modification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, provided, however, that this limitation shall not prohibit the Servicer from soliciting such Mortgagor for purposes of prepayment, refinance or modification of any loan owned or serviced by the mortgagor initiates Servicer other than a title search, provided furtherMortgage Loan. Notwithstanding the foregoing, it is understood and agreed that that, among other marketing activities, promotions and solicitations (including, without limitation, those for purposes of prepayment, refinance or modification) undertaken by the Servicer which are directed to the general public at large or which are directed generally to a segment of the then existing customers of the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired the mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 nor is the Servicer prohibited from responding of promotional materials to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation’s or its affiliates’ deposit customers by inserting such materials into customer account statements, mass mailings based on commercially acquired mailing lists and newspaper, radioradio and television advertisements and solicitations made on the basis of information acquired by the Servicer or its affiliates that indicates that a borrower may be planning to refinance) shall not constitute solicitation under this section. Language included on or in the Servicer's website, television and other mass media advertisements; (ii) interactive voice response system, coupon books or billing statements that is not specifically targeted at the borrower messages included onor obligor under any Mortgage Loan, shall not be deemed to constitute solicitations under Section 9.05. In the event the Servicer does refinance any Mortgage Loan as a result of a violation of the requirements set forth in this Section 9.05, the Servicer hereby agrees to pay to the Trust Fund an amount equal to the difference, if any, between the amount that the Trust Fund would have received if it had sold the Mortgage Loan to a third party, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced proceeds received by the ServicerTrust Fund as a result of such refinancing.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliatesand Affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's behalf, to personally, by telephone telephone, mail or electronic mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, ; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates Affiliates which (i) concern optional insurance products or other additional projects products or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 Section, nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoingFurthermore, the following solicitationsServicer shall be permitted to include in its monthly statements to borrowers or otherwise, if undertaken by statements regarding the Servicer or any affiliate availability of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed 's counseling services with respect to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other refinancing mortgage loans serviced by the Servicerloans.

No Personal Solicitation. From and after each the related Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the ServicerCompany's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects or projects, (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements advertisements, (iii) are directed to mortgagors who have a specific type of mortgage (i.e., balloon Mortgage Loans, LIBOR Mortgage Loans, etc.) or (iv) directed to those mortgagors whose mortgages fall within specific interest rate ranges shall not constitute solicitation under this Section 10.09 12.11 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.11: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the ServicerCompany.

No Personal Solicitation. From and after each the related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may not solicit any Mortgagor for whom the Servicer has received a request for verification of mortgagemortgage status, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, and shall refer such Mortgagor to the Seller or its agent as provided by the Seller to the Servicer; provided, however, if upon such referral by the Servicer of such Mortgagor to the Seller or its agent, the Mortgagor decides to refinance such Mortgage Loan with the Servicer, the Seller shall not hinder the Mortgagor’s right to choose its refinancing agent, and may solicit such Mortgagor for refinancing; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, including without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio radio, telephone and television advertisements shall not constitute solicitation under this Section 10.09 9.05 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicer.

No Personal Solicitation. From and after each the related Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's Company’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects or projects, (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements advertisements, (iii) are directed to mortgagors who have a specific type of mortgage (i.e., balloon Mortgage Loans, LIBOR Mortgage Loans, etc.) or (iv) directed to those mortgagors whose mortgages fall within specific interest rate ranges shall not constitute solicitation under this Section 10.09 12.11 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.11: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the ServicerCompany.

No Personal Solicitation. From and after each the related Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's Company’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company or its affiliates has received a request for verification of mortgage, a request for demand for payoff, a mortgagor Mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor Mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects or products, (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements and (iii) solicitations made as a part of a campaign directed to borrowers with mortgage loans meeting certain defined parameters, provided, that such solicitations are made to all borrowers of mortgage loans serviced by the Company and its Affiliates with respect to mortgage loans meeting such defined parameters, including, but not limited to, those mortgage loans serviced for the Company and/or its Affiliates own account, shall not constitute solicitation under this Section 10.09 12.20 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.20: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; advertisements and (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the ServicerCompany or any affiliate of the Company.

No Personal Solicitation. From and after each related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicer.;

No Personal Solicitation. From and after each the related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may not solicit any Mortgagor for whom the Servicer has received a request for verification of mortgagemortgage status, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or if the mortgagor Mortgagor initiates a title search, and shall refer such Mortgagor to the Seller or its agent as provided to the Servicer; provided however, if upon such referral of the Servicer to the Seller or its agent, the Mortgagor decides to reference such Mortgage Loan with the Servicer, the Sellers shall not hinder the Mortgagor’s right to choose its refinancing agent, and may solicit such Mortgagor for refinancing; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates Affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, including without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio radio, telephone and television advertisements shall not constitute solicitation under this Section 10.09 9.05 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding Nothwithstanding the foregoingabove, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall will not be prohibited under this Section 10.09: from soliciting the borrowers for purposes of refinancing with respect to fixed rate Mortgage Loans beginning on the date that is 60 days prior to the later of (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists expiration of any applicable prepayment charge term and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, 24 months following the monthly statements sent origination date of such Mortgage Loan. The Servicer will not be prohibited from soliciting borrowers for purposes of refinancing with respect to Mortgagors; provided, however, adjustable rate Mortgage Loans beginning on the date that similar messages and inserts are sent is 60 days prior to the borrowers later of other mortgage loans serviced by (i) the Servicerexpiration of any applicable prepayment charge term and (ii) the expiration of any applicable fixed rate period.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliatesand Affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's behalf, to personally, by telephone telephone, mail or electronic mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may (i) with respect to each Adjustable Rate Mortgage Loan, solicit any Mortgagor 60 days prior to the later of the expiration of (a) any applicable prepayment penalty period or (b) the applicable fixed-rate period and (ii) with respect to each Fixed-Rate Mortgage Loan, solicit any Mortgagor 60 days prior to the later of (a) the expiration of any applicable prepayment penalty period or (b) 24 months after its origination; provided, further, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, ; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates Affiliates which (i) concern optional insurance products or other additional projects products or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 Section, nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoingFurthermore, the following solicitationsServicer shall be permitted to include in its monthly statements to borrowers or otherwise, if undertaken by statements regarding the Servicer or any affiliate availability of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed 's counseling services with respect to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other refinancing mortgage loans serviced by the Servicerloans.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor borrower or obligor under any Mortgage Loan for the any purpose of refinancing such whatsoever, including to refinance a Mortgage Loan, in whole or in part, without the prior written consent of the Purchaser; provided, that (a) the Servicer may solicit the borrower or obligor under any Mortgagor First Lien Mortgage Loans to originate a Second Lien Mortgage Loans and (b) a Transaction Party may solicit the borrower or obligor under any Mortgage Loans for whom fee income source products which are not mortgage loans. Subject to the Servicer has received a request for verification other provisions of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided furtherthis paragraph, it is understood and agreed that all rights and benefits relating to the solicitation of any Mortgagors and the attendant rights, title and interest in and to the list of such Mortgagors and data relating to their Mortgages (including insurance renewal dates) shall be transferred to the Purchaser pursuant hereto on the Closing Date and the Servicer shall take no action to undermine these rights and benefits. Notwithstanding the foregoing, it is understood and agreed that (a) promotions undertaken by the Servicer or any affiliate of its affiliates the Servicer which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings mailing based on commercially acquired mailing lists, newspaper, radio and television advertisements and (b) that offers to refinance a Mortgage Loan under the Servicer’s retention program following receipt by the Servicer of a payoff request initiated by the Mortgagor shall not constitute solicitation under this Section 10.09 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicer14.11.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor borrower or obligor under any Mortgage Loan (on a targeted basis) for any purposes of prepayment, refinancing or modification of the purpose of refinancing such related Mortgage Loan; provided, however, that this limitation shall not prohibit the Servicer may solicit any from soliciting such Mortgagor for whom purposes of prepayment, refinance or modification of any loan owned or serviced by the Servicer has received other than a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or . Notwithstanding the mortgagor initiates a title search, provided furtherforegoing, it is understood and agreed that that, among other marketing activities, promotions and solicitations (including, without limitation, those for purposes of prepayment, refinance or modification) undertaken by the Servicer which are directed to the general public at large or which are directed generally to a segment of the then existing customers of the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired the mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 nor is the Servicer prohibited from responding of promotional materials to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation’s or its affiliates’ deposit customers by inserting such materials into customer account statements, mass mailings based on commercially acquired mailing lists and newspaper, radioradio and television advertisements and solicitations made on the basis of information acquired by the Servicer or its affiliates that indicates that a borrower may be planning to refinance) shall not constitute solicitation under this section. Language included on or in the Servicer’s website, television and other mass media advertisements; (ii) interactive voice response system, coupon books or billing statements that is not specifically targeted at the borrower messages included onor obligor under any Mortgage Loan, shall not be deemed to constitute solicitations under Section 9.05. In the event the Servicer does refinance any Mortgage Loan as a result of a violation of the requirements set forth in this Section 9.05, the Servicer hereby agrees to pay to the Trust Fund an amount equal to the difference, if any, between the amount that the Trust Fund would have received if it had sold the Mortgage Loan to a third party, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced proceeds received by the ServicerTrust Fund as a result of such refinancing.

No Personal Solicitation. From and after each the related Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the ServicerCompany's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 12.11 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.11: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the ServicerCompany.

No Personal Solicitation. From and after each the related Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the ServicerCompany's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects products or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 12.11 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.11: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the ServicerCompany.

No Personal Solicitation. From and after each the related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may not solicit any Mortgagor for whom the Servicer has received a request for verification of mortgagemortgage status, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or if the mortgagor Mortgagor initiates a title search, and shall refer such Mortgagor to the Seller or its agent as provided to the Servicer; provided however, if upon such referral of the Servicer to the Seller or its agent, the Mortgagor decides to reference such Mortgage Loan with the Servicers, the Seller shall not hinder the Mortgagor’s right to choose its refinancing agent, and may solicit such Mortgagor for refinancing; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates Affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, including without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio radio, telephone and television advertisements shall not constitute solicitation under this Section 10.09 9.05 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicer.

No Personal Solicitation. From and after each the related Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may not solicit any Mortgagor for whom the Servicer has received a request for verification of mortgagemortgage status, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or if the mortgagor Mortgagor initiates a title search, and shall refer such Mortgagor to the Seller or its agent as provided to the Servicer; provided however, if upon such referral of the Servicer to the Seller or its agent, the Mortgagor decides to reference such Mortgage Loan with the Servicer, the Sellers shall not hinder the Mortgagor’s right to choose its refinancing agent, and may solicit such Mortgagor for refinancing; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates Affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, including without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio radio, telephone and television advertisements shall not constitute solicitation under this Section 10.09 9.05 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the Servicer.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliatesand Affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone telephone, mail or electronic mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may (i) with respect to each Adjustable Rate Mortgage Loan, solicit any Mortgagor 60 days prior to the later of the expiration of (a) any applicable prepayment penalty period or (b) the applicable fixed-rate period and (ii) with respect to each Fixed-Rate Mortgage Loan, solicit any Mortgagor 60 days prior to the later of (a) the expiration of any applicable prepayment penalty period or (b) 24 months after its origination; provided, further, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, ; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates Affiliates which (i) concern optional insurance products or other additional projects products or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 Section, nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoingFurthermore, the following solicitationsServicer shall be permitted to include in its monthly statements to borrowers or otherwise, if undertaken by statements regarding the Servicer or any affiliate availability of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed ’s counseling services with respect to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other refinancing mortgage loans serviced by the Servicerloans.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding From and after the foregoingClosing Date, the following solicitationsOwner hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, if or by any independent contractors or independent mortgage brokerage companies on the Owner's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Owner may solicit any Mortgagor that has initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, provided further, it is understood and agreed that promotions undertaken by the Servicer Owner or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: its affiliates which (i) solicitations that concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and lists, newspaper, radio, radio and television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, advertisements shall not constitute solicitation under this Section 10.09 nor is the monthly statements sent Owner prohibited from responding to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers unsolicited requests or inquiries made by a Mortgagor or an agent of other mortgage loans serviced by the Servicera Mortgagor.

No Personal Solicitation. From and after each related the Closing Date, the Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's ’s behalf, to personally, by telephone or mail, solicit the Mortgagor borrower or obligor under any Mortgage Loan (on a targeted basis) for the purpose any purposes of prepayment, refinancing such Mortgage Loan; provided, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification or modification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, provided, however, that this limitation shall not prohibit the Servicer from soliciting such Mortgagor for purposes of prepayment, refinance or modification of any loan owned or serviced by the mortgagor initiates Servicer other than a title search, provided furtherMortgage Loan. Notwithstanding the foregoing, it is understood and agreed that that, among other marketing activities, promotions and solicitations (including, without limitation, those for purposes of prepayment, refinance or modification) undertaken by the Servicer which are directed to the general public at large or which are directed generally to a segment of the then existing customers of the Servicer or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired the mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 nor is the Servicer prohibited from responding of promotional materials to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any affiliate of the Servicer, shall not be prohibited under this Section 10.09: (i) solicitations that are directed to the general public at large, including, without limitation’s or its affiliates’ deposit customers by inserting such materials into customer account statements, mass mailings based on commercially acquired mailing lists and newspaper, radioradio and television advertisements and solicitations made on the basis of information acquired by the Servicer or its affiliates that indicates that a borrower may be planning to refinance) shall not constitute solicitation under this section. Language included on or in the Servicer's website, television and other mass media advertisements; (ii) interactive voice response system, coupon books or billing statements that is not specifically targeted at the borrower messages included onor obligor under any Mortgage Loan, shall not be deemed to constitute solicitations under Section 9.05. In the event the Servicer does refinance any Mortgage Loan as a result of a violation of the requirements set forth in this Section 9.05, the Servicer hereby agrees to pay to the Trust Fund an amount equal to the difference, if any, between the amount that the Trust Fund would have received if it had sold the Mortgage Loan to a third party, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent proceeds received by the Trust Fund as a result of such refinancing. Notwithstanding anything to the borrowers contrary, this section shall not prohibit the Servicer or its agent or affiliates from servicing the refinancing needs or other financial needs of other mortgage loans serviced by a Mortgagor who, without solicitation, contacts the ServicerServicer or its agents or affiliates directly.

No Personal Solicitation. From and after each related the Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the ServicerCompany's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 12.11 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.11: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the ServicerCompany.

No Personal Solicitation. From and after each the related Closing Date, the Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's Company’s behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer Company may solicit any Mortgagor for whom the Servicer Company has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the mortgagor initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer Company or any of its affiliates which (i) concern optional insurance products or other additional projects or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 10.09 12.11 nor is the Servicer Company prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer Company or any affiliate of the ServicerCompany, shall not be prohibited under this Section 10.0912.11: (i) solicitations that are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists and newspaper, radio, television and other mass media advertisements; (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to Mortgagors; provided, however, that similar messages and inserts are sent to the borrowers of other mortgage loans serviced by the ServicerCompany.