Common use of Servicing Clause in Contracts

Servicing. The servicing and collection practices used by the Seller in respect of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was in all material respects legal, proper and prudent, in accordance with Seller’s customary commercial mortgage servicing practices.

Appears in 299 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2023-B40 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2023-V4 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2023-V3 Mortgage Trust)

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Servicing. The servicing and collection practices used by the Seller in respect or any prior holder or servicer of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was have been in all material respects legal, proper and prudent, in accordance with Seller’s prudent and have met customary commercial mortgage servicing practicesindustry standards.

Appears in 93 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2006-Hq10), Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc), Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc)

Servicing. The servicing and collection practices used by the Seller in respect or any prior holder or servicer of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was have been in all material respects legal, proper and prudent, in accordance with Seller’s prudent and have met customary commercial mortgage servicing practicesindustry standards.

Appears in 49 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Hq13), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2007-Hq13), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2007-Hq13)

Servicing. The servicing and collection practices used by the Mortgage Loan Seller in respect of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was in all material respects legal, proper and prudent, in accordance with Mortgage Loan Seller’s customary commercial mortgage servicing practices.

Appears in 18 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2023-B38 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2022-B34 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2021-B26 Mortgage Trust)

Servicing. The servicing and collection practices used by the Seller in respect or any prior holder or servicer of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was have been in all material respects legal, proper and prudent, prudent and have met customary industry standards utilized by commercial lending institutions in accordance with Seller’s customary commercial mortgage servicing practicesthe area where the related Mortgaged Property is located.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005 IQ10), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2004 IQ8), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2004 IQ8)

Servicing. The servicing and collection practices used by Seller for the Seller in respect of each Mortgage Purchased Loan have complied with applicable law in all material respects and are consistent with all applicable laws and regulations and was in all material respects legal, proper and prudent, in accordance with Seller’s customary commercial mortgage servicing practicesthose employed by prudent servicers of comparable Purchased Loans.

Appears in 5 contracts

Samples: Master Repurchase Agreement (CBRE Realty Finance Inc), Master Repurchase Agreement (Ny Credit Corp.), Master Repurchase Agreement (Northstar Realty)

Servicing. The servicing and collection practices used by the Seller in respect of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was have been in all material respects legal, proper and prudent, in accordance with Seller’s customary commercial mortgage servicing practices.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3)

Servicing. The servicing and collection practices used by Seller for the Seller in respect of each Mortgage Purchased Loan have complied with applicable law in all material respects and are consistent with all applicable laws and regulations and was in all material respects legal, proper and prudent, in accordance with Seller’s customary commercial mortgage servicing practicesthose employed by prudent servicers of comparable loans.

Appears in 3 contracts

Samples: Master Repurchase Agreement (CBRE Realty Finance Inc), Master Repurchase Agreement (Anthracite Capital Inc), Master Repurchase Agreement (Capital Trust Inc)

Servicing. The servicing and collection practices used by the Seller in respect or any prior holder or servicer of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was have been in all material respects legal, proper and prudentprudent and have met customary industry standards utilized by mixed-use, commercial or multifamily lending institutions (as applicable) in accordance with Seller’s customary commercial mortgage servicing practicesthe area where the related Mortgaged Property is located.

Appears in 2 contracts

Samples: Master Repurchase Agreement, Master Repurchase Agreement (New Century Financial Corp)

Servicing. The servicing and collection practices used by Seller and any servicer of the Seller in respect of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was have been in all material respects legal, proper and prudent, in accordance with Seller’s prudent and have met customary industry standards for servicing of commercial mortgage servicing practicesUnderlying Assets for conduit programs.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Capital Trust Inc), Master Repurchase Agreement (Winthrop Realty Trust)

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Servicing. The servicing and collection practices used by the Seller in respect or any prior holder or servicer of each the Mortgage Loan complied in all material respects with all applicable laws and regulations and was have been in all material respects legal, proper and prudent, in accordance with Seller’s prudent and have met customary commercial mortgage servicing practicesindustry standards.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc)

Servicing. The servicing and collection practices used by the Seller in respect of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was in all material respects legal, proper and prudent, in accordance with Seller’s 's customary commercial mortgage servicing practices.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Credit Suisse Commercial Mortgage Securities Corp.)

Servicing. The servicing and collection practices used by the Seller in and its designees with respect of each to the Mortgage Loan complied have been in all material respects with all applicable laws legal and regulations and was have met customary standards utilized by commercial banks in all material respects legal, proper and prudent, the area in accordance with Seller’s customary which the Mortgaged Property is located for servicing of commercial mortgage servicing practicesloans.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (United Community Banks Inc)

Servicing. The servicing and collection practices used by Seller and its Affiliates and Representatives with respect to the Seller in respect of each Mortgage Loan Commercial Loans have at all times complied in all material respects with all applicable laws Applicable Law and regulations and was in all material respects legal, proper and prudent, in accordance with Seller’s customary commercial mortgage servicing practicesAccepted Servicing Practices.

Appears in 1 contract

Samples: Commercial Loan Purchase Agreement (Cascade Bancorp)

Servicing. The servicing and collection practices used by the Seller in respect of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was in all material respects legal, proper and prudent, in accordance with Seller’s customary commercial mortgage servicing practices. The special servicing, future funding and asset management practices used by the Seller in respect of each Mortgage Loan complied in all material respects with all applicable laws and regulations and was in all material respects legal and proper and have met customary industry standards for similar practices relating to similar commercial mortgage loans.

Appears in 1 contract

Samples: Mortgage Asset Purchase Agreement (Ares Commercial Real Estate Corp)

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