Responsibility for Contract Administration. The Servicer shall have the sole obligation to manage, administer, service and make collections on the Contracts and perform or cause to be performed all contractual and customary undertakings of the holder of the Contracts to the Obligor. At the written request of the Servicer, accompanied by the form of power of attorney or other documents being requested, the Indenture Trustee shall furnish to the Servicer any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder, and the Indenture Trustee shall not be held responsible for any acts by the Servicer in its uses of any such powers of attorney or other document. The Servicer shall indemnify the Indenture Trustee for any reasonable costs, liabilities and expenses (including reasonable attorneys' fees) incurred by the Indenture Trustee in connection with the intentional or negligent misuse of such power of attorney by the Servicer, as applicable. Notwithstanding anything contained herein to the contrary, the Servicer shall not without the Indenture Trustee's written consent (i) initiate any action, suit or proceeding solely under the Indenture Trustee's name without indicating the Servicer's representative capacity or (ii) knowingly cause the Indenture Trustee to be registered to do business in any state, provided, however, that the preceding clause (i) shall not apply to the initiation of actions relating to Contracts that the Servicer is servicing pursuant to its respective duties herein. The limitations of the preceding clause shall not be construed to limit any duty or obligation imposed on the Indenture Trustee under any other provision of this Agreement. Origen Financial L.L.C. is hereby appointed the Servicer until such time as any Service Transfer shall be effected under Article VI.
Appears in 4 contracts
Samples: Servicing Agreement (Origen Manufactured Housing Contract Trust 2004-B), Servicing Agreement (Origen Residential Securities, Inc.), Servicing Agreement (Origen Residential Securities, Inc.)
Responsibility for Contract Administration. The Servicer shall have the sole obligation to manage, administer, service and make collections on the Contracts and perform or cause to be performed all contractual and customary undertakings of the holder of the Contracts to the Obligor. At the written request of the Servicer, accompanied by the form of power of attorney or other documents being requested, the Indenture Trustee shall furnish to the Servicer any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder, and the Indenture Trustee shall not be held responsible for any acts by the Servicer in its uses of any such powers of attorney or other document. The Servicer shall indemnify the Indenture Trustee for any reasonable costs, liabilities and expenses (including reasonable attorneys' fees) incurred by the Indenture Trustee in connection with the intentional or negligent misuse of such power of attorney by the Servicer, as applicable. Notwithstanding anything contained herein to the contrary, the Servicer shall not without the Indenture Trustee's written consent (i) initiate any action, suit or proceeding solely under the Indenture Trustee's name without indicating the Servicer's representative capacity or (ii) knowingly cause the Indenture Trustee to be registered to do business in any state, provided, however, that the preceding clause (i) shall not apply to the initiation of actions relating to Contracts that the Servicer is servicing pursuant to its respective duties herein. The limitations of the preceding clause shall not be construed to limit any duty or obligation imposed on the Indenture Trustee under any other provision of this Agreement. Origen Financial L.L.C. Servicing, Inc. is hereby appointed the Servicer until such time as any Service Transfer shall be effected under Article VI.
Appears in 3 contracts
Samples: Servicing Agreement (Citigroup Mortgageln Tr Origen Manu Hous Cont Tr NTS Ser 200), Servicing Agreement (Citigroup Mortgageln Tr Origen Manu Hous Cont Tr NTS Ser 200), Servicing Agreement (Origen Residential Securities, Inc.)
Responsibility for Contract Administration. The Servicer shall have the sole obligation to manage, administer, service and make collections on the Contracts and perform or cause to be performed all contractual and customary undertakings of the holder of the Contracts to the Obligor. At the written request of the Servicer, accompanied by the form of power of attorney or other documents being requested, the Indenture Trustee shall furnish to the Servicer any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder, and the Indenture Trustee shall not be held responsible for any acts by the Servicer in its uses of any such powers of attorney or other document. The Servicer shall indemnify the Indenture Trustee and the Note Insurer for any reasonable costs, liabilities and expenses (including reasonable attorneys' fees) incurred by the Indenture Trustee or the Note Insurer in connection with the intentional or negligent misuse of such power of attorney by the Servicer, as applicable. Notwithstanding anything contained herein to the contrary, the Servicer shall not without the Indenture Trustee's written consent (i) initiate any action, suit or proceeding solely under the Indenture Trustee's name without indicating the Servicer's representative capacity or (ii) knowingly cause the Indenture Trustee to be registered to do business in any state, provided, however, that the preceding clause (i) shall not apply to the initiation of actions relating to Contracts that the Servicer is servicing pursuant to its respective duties herein. The limitations of the preceding clause shall not be construed to limit any duty or obligation imposed on the Indenture Trustee under any other provision of this Agreement. Origen Financial L.L.C. is hereby appointed the Servicer until such time as any Service Transfer shall be effected under Article VI.
Appears in 2 contracts
Samples: Servicing Agreement (Origen Residential Securities, Inc.), Servicing Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A)
Responsibility for Contract Administration. The Servicer shall will have the sole obligation to manage, administer, service and make collections on the Contracts and perform or cause to be performed all contractual and customary undertakings of the holder of the Contracts to the Obligor. At the written request of The Company, if it is the Servicer, accompanied by may delegate some or all of its servicing duties to a wholly owned subsidiary of the form Company, for so long as such subsidiary remains, directly or indirectly, a wholly owned subsidiary of power the Company. Notwithstanding any such delegation the Company shall retain all of attorney or the rights and obligations of the Servicer hereunder. The Servicer may also perform other documents being requestedspecific duties through subcontractors; provided that the Servicer gives notice to each of the Trust, the Indenture Trustee Trustee, _____ and _____ of the use of any such subcontractors; and provided further that no such delegation of duties by the Servicer shall relieve the Servicer of its responsibility with respect thereto. The Owner Trustee, on behalf of the Trust and at the request of a Servicing Officer, shall furnish to the Servicer with any powers of attorney and or other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder, and the Indenture Trustee shall not be held responsible for any acts by the Servicer in its uses of any such powers of attorney or other document. The Servicer shall indemnify the Indenture Trustee for any reasonable costs, liabilities and expenses (including reasonable attorneys' fees) incurred by the Indenture Trustee in connection with the intentional or negligent misuse of such power of attorney by the Servicer, as applicable. Notwithstanding anything contained herein to the contrary, the Servicer shall not without the Indenture Trustee's written consent (i) initiate any action, suit or proceeding solely under the Indenture Trustee's name without indicating the Servicer's representative capacity or (ii) knowingly cause the Indenture Trustee to be registered to do business in any state, provided, however, that the preceding clause (i) shall not apply to the initiation of actions relating to Contracts that the Servicer is servicing pursuant to its respective duties herein. The limitations of the preceding clause shall not be construed to limit any duty or obligation imposed on the Indenture Trustee under any other provision of this Agreement. Origen Financial L.L.C. Company is hereby appointed the Servicer until such time as any Service Transfer shall be effected under Article VIVII. The Servicer shall, with respect to each Contract which does not provide for a fixed interest rate over the life of the Contract, make adjustments to the interest rate and the payments due on such Contract in compliance with applicable regulatory adjustable mortgage loan requirements and the terms of the Contract. The Servicer shall establish procedures to monitor the interest rate adjustment dates and the interest rate in order to assure that it correctly calculates any applicable interest rate change, and it will comply with those procedures. The Servicer shall execute and deliver all appropriate notices required by the applicable adjustable mortgage loan laws and regulations and the Contracts regarding such interest rate adjustments and payment adjustments.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Green Tree Financial Corp)
Responsibility for Contract Administration. (a) The Servicer shall have the sole obligation to manage, administer, service and make collections on the Contracts and perform or cause to be performed all contractual and customary undertakings of the holder of the Contracts to the Obligor. At the written request of the Servicer, accompanied by the form of power of attorney or other documents being requested, the Indenture Trustee Mortgage SPV shall furnish to the Servicer any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder, and the Indenture Trustee Mortgage SPV shall not be held responsible for any acts by the Servicer in its uses of any such powers of attorney or other document. The Servicer shall indemnify the Indenture Trustee Mortgage SPV for any reasonable costs, liabilities and expenses (including reasonable attorneys' ’ fees) incurred by the Indenture Trustee Mortgage SPV in connection with the intentional or negligent misuse of such power of attorney by the Servicer, as applicable. Notwithstanding anything contained herein to the contrary, the Servicer shall not without the Indenture Trustee's Mortgage SPV’s written consent (i) initiate any action, suit or proceeding solely under the Indenture Trustee's Mortgage SPV’s name without indicating the Servicer's ’s representative capacity or (ii) knowingly cause the Indenture Trustee Mortgage SPV to be registered to do business in any state, provided, however, that the preceding clause (i) shall not apply to the initiation of actions relating to Contracts that the Servicer is servicing pursuant to its respective duties herein. The limitations of the preceding clause shall not be construed to limit any duty or obligation imposed on the Indenture Trustee Mortgage SPV under any other provision of this Agreement. Origen Financial L.L.C. .
(b) Subject to Section 8.9, CPM is hereby appointed the Servicer (and hereby accepts such appointment) until such time as any Service Transfer shall be effected under Article VIeffected.
Appears in 1 contract
Samples: Mortgage Sale, Contribution and Servicing Agreement (Palm Harbor Homes Inc /Fl/)
Responsibility for Contract Administration. The Servicer shall will have the sole obligation to manage, administer, service and make collections on the Contracts and perform or cause to be performed all contractual and customary undertakings of the holder of the Contracts to the Obligor. At the written request of the Servicer, accompanied by the form of power of attorney or other documents being requested, the Indenture Trustee shall furnish to the Servicer any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder, and the Indenture Trustee shall not be held responsible for any acts by the Servicer in its uses of any such powers of attorney or other document. The Servicer shall indemnify the Indenture Trustee for any reasonable costs, liabilities and expenses (including reasonable attorneys' fees) incurred by the Indenture Trustee in connection with the intentional or negligent misuse of such power of attorney by the Servicer, as applicable. Notwithstanding anything contained herein to the contrary, the Servicer shall not without the Indenture Trustee's written consent (i) initiate any action, suit or proceeding solely under the Indenture Trustee's name without indicating the Servicer's representative capacity or (ii) knowingly cause the Indenture Trustee to be registered to do business in any state, provided, however, that the preceding clause (i) shall not apply to the initiation of actions relating to Contracts that the Servicer is servicing pursuant to its respective duties herein. The limitations of the preceding clause shall not be construed to limit any duty or obligation imposed on the Indenture Trustee under any other provision of this Agreement. Origen Financial L.L.C. is hereby appointed the Servicer until such time as any Service Transfer shall be effected under Article VIVII.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Origen Manufactured Housng CNT Sen/Sub as-BCK CRT Sr 2002-A)