Common use of Servicing Obligations Clause in Contracts

Servicing Obligations. (a) From the date hereof until the Transfer Date, Seller shall (or shall cause the Current Servicer to) in accordance with the Interim Servicing Agreement pay, perform and discharge all liabilities and obligations relating to the Servicing, including without limitation all liabilities and obligations under the Mortgage Loan documents and applicable laws, regulations and requirements; and shall pay, perform and discharge all the rights, obligations and duties with respect to the Related Escrow Accounts as required by the Mortgage Loan documents and all applicable laws and regulations until the transfer of such items on the Transfer Date. (b) On and after the Transfer Date, Purchaser shall pay, perform and discharge all liabilities and obligations relating to the Servicing, including without limitation all liabilities and obligations under the Mortgage Loan documents and applicable laws, regulations; and shall pay, perform and discharge all rights, obligations and duties with respect to the Related Escrow Accounts as required by Mortgage Loan documents, Exhibit M and all applicable laws and regulations. (c) Purchaser shall not be responsible for the acts and omissions of Seller nor for any other obligations or liabilities of Seller whatsoever, except those obligations or liabilities in the Mortgage Loan documents, which obligations and liabilities are hereby assumed by Purchaser. Seller shall not be responsible for any of the acts and omissions of Purchaser nor for any other obligations or liabilities of Purchaser.

Appears in 5 contracts

Samples: Mortgage Servicing Purchase and Sale Agreement (Merrill Lynch Investors Trust, Series 2006-A2), Mortgage Servicing Purchase and Sale Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A1), Mortgage Servicing Purchase and Sale Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2)

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Servicing Obligations. (a) From the date hereof until the Transfer Date, Seller shall (or shall cause the Current Servicer to) in accordance with the Interim Servicing Agreement pay, perform and discharge all liabilities and obligations relating to the Servicing, including without limitation all liabilities and obligations under the Servicing Agreements, Mortgage Loan documents and applicable laws, regulations and Investor requirements; and shall pay, perform and discharge all the rights, obligations and duties with respect to the Related Escrow Accounts as required by the Investors, the Servicing Agreements, the Mortgage Loan documents and all applicable laws and regulations until the transfer of such items on the Transfer Date. (b) On and after the Transfer Date, Purchaser shall pay, perform and discharge all liabilities and obligations relating to the Servicing, including without limitation all liabilities and obligations under the Servicing Agreements, Mortgage Loan documents and applicable laws, regulationsregulations and Investor requirements; and shall pay, perform and discharge all rights, obligations and duties with respect to the Related Escrow Accounts as required by the Investors, the Servicing Agreements, the Mortgage Loan documents, Exhibit M documents and all applicable laws and regulations. (c) Purchaser shall not be responsible for the acts and omissions of Seller nor for any other obligations or liabilities of Seller whatsoever, except those obligations or liabilities in the Servicing Agreements or the Mortgage Loan documents, which obligations and liabilities are hereby assumed by Purchaser. Seller shall not be responsible for any of the acts and omissions of Purchaser nor for any other obligations or liabilities of Purchaser.

Appears in 2 contracts

Samples: Mortgage Servicing Purchase and Sale Agreement, Mortgage Servicing Purchase and Sale Agreement (Hibernia Corp)

Servicing Obligations. (a) From With respect to each Mortgage Loan, from the date hereof until the applicable Servicing Transfer Date, Seller shall (or shall cause the Current Servicer to) in accordance with the Interim Servicing Agreement pay, perform and discharge all liabilities and obligations relating to the Servicing, including without limitation all liabilities and obligations under the Mortgage Loan documents documents, Applicable Laws and applicable laws, regulations and requirementsServicing Agreements; and shall pay, perform and discharge all the rights, obligations and duties with respect to the Related Escrow Accounts as required by the Investor, the Servicing Agreements, the Mortgage Loan documents and all applicable laws and regulations Applicable Laws until the transfer of such items on the such Servicing Transfer Date. (b) On With respect to each Mortgage Loan, on and after the applicable Servicing Transfer Date, Purchaser shall pay, perform and discharge all liabilities and obligations relating to the Servicing, including without limitation all liabilities and obligations under the Mortgage Loan documents documents, Applicable Law and applicable laws, regulationsServicing Agreements; and shall pay, perform and discharge all rights, obligations and duties with respect to the Related Escrow Accounts as required by the Investor, the Servicing Agreements, the Mortgage Loan documents, Exhibit M documents and all applicable laws and regulationsApplicable Laws, after the transfer of such items on such Servicing Transfer Date. (c) With respect to each Mortgage Loan, Purchaser shall not be responsible liable for the improper Servicing acts and omissions of Seller nor for any other obligations or liabilities prior to the Sale Date and, by virtue of Seller whatsoeverthe Interim Servicing Agreement, prior to the applicable Servicing Transfer Date, except those that Purchaser shall be liable to the Investor for the period between the Sale Date and the Transfer Date subject to Seller’s indemnification obligations hereunder. Notwithstanding the foregoing, Purchaser shall have the functional responsibility to conduct, or liabilities in cause to be contacted, the Mortgage Loan documents, which obligations and liabilities are hereby assumed by Purchaser. Seller shall not be responsible for any of Servicing after the acts and omissions of Purchaser nor for any other obligations or liabilities of Purchaserapplicable Servicing Transfer Date.

Appears in 1 contract

Samples: Mortgage Servicing Rights Purchase and Sale Agreement (Nationstar Mortgage LLC)

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Servicing Obligations. (a) From On and after the date hereof until the Transfer Agreement Date, the Seller shall (or shall cause the Current Servicer to) in accordance with the Interim Servicing Agreement pay, perform and discharge all liabilities and obligations relating to the Servicingservicing of the related Mortgage Loans, including without limitation all liabilities and obligations under the Mortgage Loan documents Documents, Applicable Law, Agency Requirements and applicable lawsthe Servicing Agreement, regulations and requirements; and shall pay, perform and discharge all the rights, obligations and duties with respect to the Related Escrow Accounts as required by the Agency, the Agency Requirements, the Servicing Agreement, the Mortgage Loan documents Documents, all Applicable Law and all applicable laws and regulations until in accordance with the transfer of such items on the Transfer DateMSR Purchase Agreement. (b) On Under no circumstances shall the Purchaser be responsible for the servicing acts and after omissions of the Transfer DateSeller or any other servicer or any originator of the Mortgage Loans, Purchaser shall pay, perform and discharge all or for any servicing related obligations or liabilities and obligations relating to of any servicer in the Servicing, including without limitation all liabilities and obligations Servicing Agreement or of any Person under the Mortgage Loan documents and applicable lawsDocuments, regulations; and shall pay, perform and discharge all rights, obligations and duties with respect to the Related Escrow Accounts as required by Mortgage Loan documents, Exhibit M and all applicable laws and regulations. (c) Purchaser shall not be responsible for the acts and omissions of Seller nor or for any other obligations or liabilities of the Seller whatsoeveror the Loan Seller. (c) On and after the Closing Date, except those obligations or liabilities in the Mortgage Loan documents, which obligations and liabilities are hereby assumed by Purchaser. Seller shall not be responsible for any conduct quality control reviews of the acts servicing of the related Mortgage Loans in accordance with the industry standards and omissions the requirements of the Agency. The Seller shall provide prompt written notice to Purchaser nor for of (i) any other obligations material failure by Seller to comply with the terms of this Agreement or liabilities (ii) any material failure by the Seller or the Loan Seller to comply with the terms of Purchaserthe MSR Purchase Agreement. (d) The Seller shall immediately notify the Purchaser if at any time prior to the termination of this Agreement, the Seller is unable to comply with any eligibility requirements pursuant to the Agency Requirements.

Appears in 1 contract

Samples: Reference Spread Payment Agreement (GlassBridge Enterprises, Inc.)

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