Common use of Servicer Discretion Clause in Contracts

Servicer Discretion. In managing the liquidation of defaulted Mortgage Loans, the Servicer will have sole discretion, subject to the terms of this Agreement, to sell defaulted Mortgage Loans; provided, however, that the Servicer shall not take any action that is inconsistent with or prejudices the interests of the Noteholders in any Mortgage Loan or the rights and interests of the Depositor, the Indenture Trustee and the Noteholders under this Agreement.

Appears in 25 contracts

Samples: Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (Homebanc Corp)

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Servicer Discretion. In managing the liquidation of defaulted Mortgage Loans, the Servicer Servicer[s] will have sole discretion, subject to the terms of this Agreement, to sell defaulted Mortgage Loans; provided, however, that the Servicer Servicer[s] shall not take any action that is inconsistent with or prejudices the interests of the Noteholders Certificateholders in any Mortgage Loan or the rights and interests of the Depositor, the Indenture Trustee and the Noteholders Certificateholders under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (TBALT Corp.)

Servicer Discretion. In managing the liquidation of defaulted Mortgage Loans, the [related] Servicer will have sole discretion, subject to the terms of this Agreement, to sell defaulted Mortgage Loans; provided, however, that the [related] Servicer shall not take any action that is inconsistent with or prejudices the interests of the Noteholders in any Mortgage Loan or the rights and interests of the Depositor, the Indenture Trustee and the Noteholders under this Agreement.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (TBALT Corp.)

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Servicer Discretion. In managing the liquidation of defaulted Mortgage Loans, the Servicer will have sole discretion, subject to the terms of this Agreement, to sell defaulted Mortgage Loans; provided, however, that the Servicer shall not take any action that is inconsistent with or prejudices the interests of the Noteholders Certificateholders in any Mortgage Loan or the rights and interests of the Depositor, the Indenture Trustee and the Noteholders Certificateholders under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HMB Acceptance Corp.)

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