Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the servicing of the Loans or Underlying Collateral prior to the applicable Servicing Transfer Date by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of law or willful misconduct of such Prior Servicer. EXHIBIT A LOAN SCHEDULE OMITTED EXHIBIT B ELECTRONIC TRACKING AGREEMENT [NOT APPLICABLE] SCHEDULE 1 LIST OF VARIOUS FAILED FINANCIAL INSTITUTIONS COMMERCIAL ADC Bank Name City State Fund Closing Date Columbian Bank and Trust Xxxxxx XX 00000 August 22, 2008 Integrity Bank Xxxxxxxxxx XX 00000 August 29, 0000 Xxxxxx Xxxxx Xxxx Xxxxxxxxx XX 10013 September 5, 0000 Xxxxxxx Xxxx Xxxxxxxxx XX 00000 October 31, 2008 Security Pacific Bank Xxx Xxxxxxx XX 00000 November 7. 0000 Xxxxxxxx Xxxx, XXX Xxxxxxx XX 00000 November 7, 0000 Xxx Xxxxxxxxx Xxxx Xxxxxxxxxx XX 00000 November 21, 0000 Xxxxx Xxxxxxx Xxxxxxxxx Xxxx Xxxxxxx XX 10025 December 5, 0000 Xxxxx Xxxxx Xxxx Xxxxxx XX 00000 December 12, 0000 Xxxx xx Xxxxx Xxxxxx Vancouver WA 10029 January 16, 0000 0xx Xxxxxxxxxx Xxxx Xxxxxxxx XX 00000 January 23, 0000 XxxxxxXxxx Xxxx Xxxx Xxxx XX 00000 January 30, 2009 FirstBank Financial Services XxXxxxxxx XX 00000 February 6, 0000 Xxxxxx Xxxxx Xxxx Xxxxxxxxx XX 00000 February 20, 0000 XxxxxXxxx Xxxx Xxxxxxxxxxx XX 00000 March 20, 0000 Xxxx Xxxxxxxx Xxxx Xxxxxxx XX 00000 March 27, 2009 SCHEDULE 2 FEE SCHEDULE SCHEDULE 3 SERVICING OBLIGATIONS Servicer will perform all duties related to the maintenance of all Loans on Servicer's loan servicing systems and will perform the servicing responsibilities specifically set forth below, in accordance with the Servicing Standards and subject to a more detailed responsibility matrix to be agreed upon in writing by Manager and Servicer: • Boarding of all Loans on loan servicing systems including all data (subject to such data being made available to Servicer) necessary to: o properly calculate principal and interest payments and all other amounts due and payable under the Loan Documents and invoice non-delinquent Borrowers for payment on a monthly basis from and after the relevant Servicing Transfer Date(s). o determine the b...
Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the servicing of the Loans or Underlying Collateral prior to the applicable Servicing Transfer Date by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of law or willful misconduct of such Prior Servicer. EXHIBIT A LOAN SCHEDULE OMITTED EXHIBIT B ELECTRONIC TRACKING AGREEMENT FORM OF ELECTRONIC TRACKING AGREEMENT THIS ELECTRONIC TRACKING AGREEMENT (this “Agreement”) is made and entered into as of February 9, 2010 by and among (a) RL RES 2009-1 Investments, LLC (the “Manager”); (b) Quantum Servicing Corporation (the “Servicer”); (c) MERSCORP, Inc. (the “Electronic Agent”); (d) Mortgage Electronic Registration Systems, Inc. (“MERS”); (e) the Federal Deposit Insurance Corporation (in any capacity, the “FDIC”), as receiver (“Receiver”) for various failed financial institutions (including its successors and assigns thereto), as initial member pursuant to the LLC Operating Agreement referred to below (the “Initial Member”); and (f) the FDIC, as Receiver, as collateral agent pursuant to the Reimbursement, Security and Guaranty Agreement referred to below (including its successors and assigns thereto) (the “Collateral Agent”).
Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Servicing (prior to the applicable Servicing Transfer Date) by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of Law or willful misconduct of such Prior Servicer. [Remainder of Page Intentionally Left Blank] EXHIBIT A ASSET SCHEDULE EXHIBIT B [INTENTIONALLY OMITTED]. EXHIBIT C SIGNATURE MULTIFAMILY MORTGAGE LOAN MODIFICATION PROGRAM SIG RCRS D MF 2023 Venture LLC SCHEDULE 2 SERVICING OBLIGATIONS SCHEDULE 3 REIMBURSEMENT OF SERVICER ADVANCES In the exercise of Servicer’s Obligations more fully described on Schedule 2 above, any Servicer Advances made by Servicer shall be reimbursed to Servicer from the Working Capital Reserve Account (as defined in the Manager LLC Agreement) on a monthly basis within 10 days after Servicer’s presentment to Manager of evidence that such Servicer Advance has been made on a Borrower’s behalf and is a permitted Servicing Expense. SIG RCRS D MF 2023 Venture LLC SCHEDULE 3 SCHEDULE 4 FORM OF ELECTRONIC REPORT ON THE ASSETS AND COLLATERAL SCHEDULE 4
Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Servicing (prior to the applicable Servicing Transfer Date) by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of Law or willful misconduct of such Prior Servicer. EXHIBIT A ASSET SCHEDULE SCHEDULE 1 FEE SCHEDULE SCHEDULE 2 SERVICING OBLIGATIONS SCHEDULE 3 REIMBURSEMENT OF SERVICER ADVANCES Notwithstanding anything to the contrary set forth herein, Servicer shall have no obligation to make Servicing Advances. Any Servicing Advances made by Servicer which are not recoverable from Borrowers and Obligors shall only be subject to reimbursement by Manager if made in compliance with this Agreement. To the extent Servicer complies with the terms of this Agreement with respect to such expenditures, Manager shall reimburse Servicer promptly for the amounts so paid, and in no event later than 30 days after receipt by Manager of written notice from Servicer of such expenditure (accompanied by reasonable supporting documentation for the same). SCHEDULE 4 FORM OF ELECTRONIC REPORT ON THE ASSETS AND COLLATERAL SCHEDULE 5
Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Servicing (prior to the applicable Servicing Transfer Date) by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of Law or willful misconduct of such Prior Servicer. EXHIBIT A ASSET SCHEDULE SIG CRE 2023 Venture LLC Servicing Agreement Version 08-2022 SCHEDULE 2 Servicing Obligations SCHEDULE 3
Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the servicing of the Mortgage Loans or Underlying Collateral prior to the applicable Servicing Transfer Date by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of law or willful misconduct of such Prior Servicer.
Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Servicing (prior to the applicable Servicing Transfer Date) by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of Law or willful misconduct of such Prior Servicer. EXHIBIT A ASSET SCHEDULE EXHIBIT B FORM OF ELECTRONIC TRACKING AGREEMENT [If necessary, to be separately provided by the Manager, based on an applicable form to be provided by the Initial Member at such time]
