Common use of Servicing Administrator Clause in Contracts

Servicing Administrator. The Trustee shall furnish the Servicing Administrator with any limited powers of attorney needed to enable the Servicing Administrator to administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Servicing Administrator pursuant to any such limited power of attorney and shall be indemnified by the Servicing Administrator for any cost, liability or expense incurred by the Trustee in connection with such Person's use or misuse of any such power of attorney. For and on behalf of the Certificateholders, as independent contractors of the Trustee, the Servicing Administrator shall, in accordance with this Agreement, master service and administer the Mortgage Loans by overseeing and enforcing the servicing of the Mortgage Loans by the Servicer according to the terms of this Agreement. The Trustee and the Custodian shall provide access to the records and documentation in possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the Certificate Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee or the Custodian; provided, however, that, unless otherwise required by law, neither the Trustee or the Custodian shall be required to provide access to such records and documentation to the Certificateholders. The Trustee and the Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's or the Custodian's actual costs. The Trustee shall execute and deliver to the Servicing Administrator upon written request any court pleadings, requests for trustee's sale or other documents necessary or desirable prepared by the Servicing Administrator to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or any other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-14he), Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-12alt), Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-16he)

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Servicing Administrator. The Trustee shall furnish the Servicing Administrator with any limited powers of attorney needed to enable the Servicing Administrator to administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Servicing Administrator pursuant to any such limited power of attorney and shall be indemnified by the Servicing Administrator for any cost, liability or expense incurred by the Trustee in connection with such Person's use or misuse of any such power of attorney. For and on behalf of the Certificateholders, as independent contractors of the Trustee, the Servicing Administrator shall, in accordance with this Agreement, master service and administer the Mortgage Loans by overseeing and enforcing the servicing of the Mortgage Loans by the Servicer according to the terms of this Agreement. The Trustee and the Custodian shall provide access to the records and documentation in possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the Certificate Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee or the Custodian; provided, however, that, unless otherwise required by law, neither the Trustee or the Custodian shall be required to provide access to such records and documentation to the Certificateholders. The Trustee and the Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's or the Custodian's actual costs. The Trustee shall execute and deliver to the Servicing Administrator upon written request any court pleadings, requests for trustee's sale or other documents necessary or desirable prepared by the Servicing Administrator to (i) the foreclosure or trustee's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or any other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-10he)

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Servicing Administrator. The Trustee shall furnish the Servicing Administrator with any limited powers of attorney needed to enable the Servicing Administrator to administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Servicing Administrator pursuant to any such limited power of attorney and shall be indemnified by the Servicing Administrator for any cost, liability or expense incurred by the Trustee in connection with such Person's ’s use or misuse of any such power of attorney. For and on behalf of the Certificateholders, as independent contractors of the Trustee, the Servicing Administrator shall, in accordance with this Agreement, master service and administer the Mortgage Loans by overseeing and enforcing the servicing of the Mortgage Loans by the Servicer according to the terms of this Agreement. The Trustee and the Custodian shall provide access to the records and documentation in possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the Certificate Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee or the Custodian; provided, however, that, unless otherwise required by law, neither the Trustee or the Custodian shall be required to provide access to such records and documentation to the Certificateholders. The Trustee and the Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee's ’s or the Custodian's ’s actual costs. The Trustee shall execute and deliver to the Servicing Administrator upon written request any court pleadings, requests for trustee's ’s sale or other documents necessary or desirable prepared by the Servicing Administrator to (i) the foreclosure or trustee's ’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or any other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or any other Mortgage Loan Document or otherwise available at law or equity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust Asset-Backed Certificates, Series TMTS 2005-6he)

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