Common use of Seller’s Duties With Respect to Servicing Clause in Contracts

Seller’s Duties With Respect to Servicing. (a) Effective on the Transaction Settlement Date for each Primary Portfolio, the Seller agrees for the benefit of the Purchaser to service the related Primary Portfolio Mortgage Loans and any Secondary Portfolio Mortgage Loans at all times substantially in accordance with the related Servicing Agreement, in the case of Non-Agency Mortgage Loans, or the applicable Guide, in the case of Agency Mortgage Loans. In connection with the Primary Portfolio Mortgage Loans and Secondary Portfolio Mortgage Loans related to each Transaction, the Seller shall not, without the express written consent of Purchaser (which consent may be withheld in its absolute discretion), (a) terminate or amend any Servicing Rights, or (b) enter into any termination, modification, waiver or amendment of any applicable Servicing Agreement or its rights and duties under any applicable Guide. (b) Under no circumstances shall the Purchaser be responsible for the servicing acts and omissions of the Seller or any other servicer or any originator of the Mortgage Loans, or for any servicing related obligations or liabilities of any servicer under the Servicing Agreements or the Guides or any Person under the Mortgage Loan Documents, or for any other obligations or liabilities of the Seller. (c) Upon the termination of the Seller as servicer under any Servicing Agreement or Guide, the Seller shall remain liable to the Purchaser and the applicable loan owner or master servicer for all liabilities and obligations incurred by the Seller while the Seller was acting as the servicer thereunder.

Appears in 6 contracts

Samples: Master Spread Acquisition and MSR Servicing Agreement, Master Spread Acquisition and MSR Servicing Agreement (PennyMac Mortgage Investment Trust), Master Spread Acquisition and MSR Servicing Agreement (Pennymac Financial Services, Inc.)

AutoNDA by SimpleDocs

Seller’s Duties With Respect to Servicing. (a) Effective on the Transaction Settlement Date for each Primary Transaction Portfolio, the Seller agrees for the benefit of the Purchaser to service the related Primary Portfolio Mortgage Loans and any Secondary Transaction Portfolio Mortgage Loans at all times substantially in accordance all material respects with the related Servicing Agreement, in the case of Non-Agency Mortgage Loans, or the applicable Guide, in the case of Agency Mortgage LoansContract. In connection with the Primary Portfolio Mortgage Loans and Secondary Portfolio Mortgage Loans related to each Transaction, the Seller shall not, without the express written consent of Purchaser (which consent may be withheld in its absolute discretion), (a) terminate or amend any Servicing Rights, or (b) enter into any termination, modification, waiver or amendment of any applicable the Servicing Agreement Contract or its rights and duties under any applicable Guidethereunder. (b) Under no circumstances shall the Purchaser be responsible for the servicing acts and omissions of the Seller or any other servicer or any originator of the Mortgage Loans, or for any servicing related obligations or liabilities of any servicer under the Servicing Agreements Contract or the Guides Xxxxxx Xxx Guide or any Person under the Mortgage Loan Documents, or for any other obligations or liabilities of the Seller. (c) Upon the termination of the Seller as servicer under any the Servicing Agreement Contract or Xxxxxx Mae Guide, the Seller shall remain liable to the Purchaser and the applicable loan owner or master servicer Xxxxxx Xxx for all liabilities and obligations incurred by the Seller while the Seller was acting as the servicer thereunder.

Appears in 2 contracts

Samples: Master Spread Acquisition and MSR Servicing Agreement (Pennymac Financial Services, Inc.), Master Spread Acquisition and MSR Servicing Agreement (PennyMac Mortgage Investment Trust)

Seller’s Duties With Respect to Servicing. (a) Effective on the Transaction Settlement Date for each Primary Portfolio, the Seller agrees for the benefit of the Purchaser to service the related Primary Portfolio Mortgage Loans and any Secondary Portfolio Mortgage Loans at all times substantially in accordance with the related Servicing Agreement, in the case of Non-Agency Mortgage Loans, or the applicable Guide, in the case of Agency Mortgage Loans. In connection with the Primary Portfolio Mortgage Loans and Secondary Portfolio Mortgage Loans related to each Transaction, the Seller shall not, without the express written consent of Purchaser (which consent may be withheld in its absolute discretion), (a) terminate or amend any Servicing Rights, or (b) enter into any termination, modification, waiver or amendment of any applicable Servicing Agreement or its rights and duties under any applicable GuideGuide insofar such termination, modification, waiver or amendment would be reasonably likely to adversely affect the interests of the Purchaser. (b) Under no circumstances shall the Purchaser be responsible for the servicing acts and omissions of the Seller or any other servicer or any originator of the Mortgage Loans, or for any servicing related obligations or liabilities of any servicer under the Servicing Agreements or the Guides or any Person under the Mortgage Loan Documents, or for any other obligations or liabilities of the Seller. (c) Upon the termination of the Seller as servicer or subservicer under any Servicing Agreement or Guide, the Seller shall remain liable to the Purchaser and the applicable loan owner or master servicer for all liabilities and obligations incurred by the Seller while the Seller was acting as the servicer or subservicer thereunder.

Appears in 2 contracts

Samples: Master Spread Acquisition and MSR Servicing Agreement (PennyMac Mortgage Investment Trust), Master Spread Acquisition and MSR Servicing Agreement (Pennymac Financial Services, Inc.)

Seller’s Duties With Respect to Servicing. (a) Effective on the Transaction Settlement Date for each Primary Portfolio, the Seller agrees for the benefit of the Purchaser to service or cause to be subserviced the related Primary Portfolio Mortgage Loans and any Secondary Portfolio Mortgage Loans at all times substantially in accordance with the related Servicing Agreement, in Agreement and the case of Non-Agency Mortgage Loans, or the applicable Xxxxxxx Mac Guide, in the case of Agency Mortgage Loans. In connection with the Primary Portfolio Mortgage Loans and Secondary Portfolio Mortgage Loans related to each Transaction, the Seller shall not, without the express written consent of Purchaser (which consent may be withheld in its absolute discretion), (a) terminate or amend any Servicing Rights, or (b) enter into any termination, modification, waiver or amendment of any applicable the Servicing Agreement or its rights and duties under any applicable Guidethe Xxxxxxx Mac Guide insofar such termination, modification, waiver or amendment would be reasonably likely to adversely affect the interests of the Purchaser. (b) Under no circumstances shall the Purchaser be responsible for the servicing acts and omissions of the Seller or any other servicer or any originator of the Mortgage Loans, or for any servicing related obligations or liabilities of any servicer under the Servicing Agreements Agreement or the Guides Xxxxxxx Mac Guide or any Person under the Mortgage Loan Documents, or for any other obligations or liabilities of the Seller. (c) Upon the termination of the Seller as servicer or subservicer under any the Servicing Agreement or the Xxxxxxx Mac Guide, the Seller shall remain liable to the Purchaser and the applicable loan owner or master servicer for all liabilities and obligations incurred by the Seller while the Seller was acting as the servicer or subservicer thereunder.

Appears in 1 contract

Samples: Master Spread Acquisition and MSR Servicing Agreement (PennyMac Mortgage Investment Trust)

AutoNDA by SimpleDocs

Seller’s Duties With Respect to Servicing. (a) Effective on the Transaction Settlement Date for each Primary Portfolio, the Seller agrees for the benefit of the Purchaser to service or cause to be subserviced the related Primary Portfolio Mortgage Loans and any Secondary Portfolio Mortgage Loans at all times substantially in accordance with the related Servicing Agreement, in Agreement and the case of Non-Agency Mortgage Loans, or the applicable Xxxxxx Mae Guide, in the case of Agency Mortgage Loans. In connection with the Primary Portfolio Mortgage Loans and Secondary Portfolio Mortgage Loans related to each Transaction, the Seller shall not, without the express written consent of Purchaser (which consent may be withheld in its absolute discretion), (a) terminate or amend any Servicing Rights, or (b) enter into any termination, modification, waiver or amendment of any applicable the Servicing Agreement or its rights and duties under any applicable Guidethe Xxxxxx Xxx Guide insofar such termination, modification, waiver or amendment would be reasonably likely to adversely affect the interests of the Purchaser. (b) Under no circumstances shall the Purchaser be responsible for the servicing acts and omissions of the Seller or any other servicer or any originator of the Mortgage Loans, or for any servicing related obligations or liabilities of any servicer under the Servicing Agreements Agreement or the Guides Xxxxxx Mae Guide or any Person under the Mortgage Loan Documents, or for any other obligations or liabilities of the Seller. (c) Upon the termination of the Seller as servicer or subservicer under any the Servicing Agreement or the Xxxxxx Xxx Guide, the Seller shall remain liable to the Purchaser and the applicable loan owner or master servicer for all liabilities and obligations incurred by the Seller while the Seller was acting as the servicer or subservicer thereunder.

Appears in 1 contract

Samples: Master Spread Acquisition and MSR Servicing Agreement (PennyMac Mortgage Investment Trust)

Seller’s Duties With Respect to Servicing. (a) Effective on the Transaction Settlement Date for each Primary Portfolio, the Seller agrees for the benefit of the Purchaser to service the related Primary Portfolio Mortgage Loans and any Secondary Portfolio Mortgage Loans at all times substantially in accordance with the related Servicing Agreement, in Agreement and the case of Non-Agency Mortgage Loans, or the applicable Xxxxxxx Mac Guide, in the case of Agency Mortgage Loans. In connection with the Primary Portfolio Mortgage Loans and Secondary Portfolio Mortgage Loans related to each Transaction, the Seller shall not, without the express written consent of Purchaser (which consent may be withheld in its absolute discretion), (a) terminate or amend any Servicing Rights, or (b) enter into any termination, modification, waiver or amendment of any applicable the Servicing Agreement or its rights and duties under any applicable Guidethe Xxxxxxx Mac Guide insofar such termination, modification, waiver or amendment would be reasonably likely to adversely affect the interests of the Purchaser. (b) Under no circumstances shall the Purchaser be responsible for the servicing acts and omissions of the Seller or any other servicer or any originator of the Mortgage Loans, or for any servicing related obligations or liabilities of any servicer under the Servicing Agreements Agreement or the Guides Xxxxxxx Mac Guide or any Person under the Mortgage Loan Documents, or for any other obligations or liabilities of the Seller. (c) Upon the termination of the Seller as servicer or subservicer under any the Servicing Agreement or the Xxxxxxx Mac Guide, the Seller shall remain liable to the Purchaser and the applicable loan owner or master servicer for all liabilities and obligations incurred by the Seller while the Seller was acting as the servicer or subservicer thereunder.

Appears in 1 contract

Samples: Master Spread Acquisition and MSR Servicing Agreement (Pennymac Financial Services, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!