Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement (including because of the occurrence or existence of an Event of Default), the Trustee or its successor shall assume all of the rights and obligations of the Master Servicer under this Agreement arising thereafter (except that the Trustee shall not be (i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder, (ii) obligated to make Advances if it is prohibited from doing so by applicable law, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or (v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.
Appears in 63 contracts
Samples: Pooling and Servicing Agreement (Indymac Residential Asset Securitization Trust 2004-A6), Pooling and Servicing Agreement (IndyMac RAST 2005-A5), Pooling and Servicing Agreement (IndyMac RAST 2005-A12)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of DefaultDefault or termination by the Depositor), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 3.09 hereof or any acts or omissions of the predecessor Master Servicer hereunder,
), (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunderhereunder including, including but not limited to, repurchases or substitutions of Mortgage Loans pursuant to Section 2.02 or 2.03,
2.03 hereof, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any such assumption shall be subject to Section 7.7.02
Appears in 40 contracts
Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-23cb), Pooling and Servicing Agreement (Alternative Loan Trust 2006-13t1), Pooling and Servicing Agreement (Alternative Loan Trust 2006-2cb)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default), the Trustee or its successor designee shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 hereof or any acts or omissions of the predecessor Master Servicer hereunder,
, (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
2.03 hereof, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject , including pursuant to Section 7.2.03 or the first paragraph of Section 6.02
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (CWABS Asset Backed Certificates Trust 2004-S1), Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2001-1), Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2005-1)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of DefaultDefault or termination by the Depositor), the Trustee or its successor designee shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 hereof or any acts or omissions of the predecessor Master Servicer hereunder,
, (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
2.03 hereof, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject , including pursuant to Section 7.2.03 or the first paragraph of Section 6.02
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S1), Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-21), Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-21)
Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement hereunder (including because of the occurrence or existence of an Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
(i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder,
(ii) obligated to make Advances if it is prohibited from doing so by applicable law,
(iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
(iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Indymac MBS Residential Asset Securitization Trust 2002 A5), Pooling and Servicing Agreement (Indymac MBS Inc Residential Asset Sec Trust 2002 A9), Pooling and Servicing Agreement (Indymac MBS Inc Residential Asset Sec Trust 2002-A12)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement (including because of the occurrence or existence by reason of an Event of DefaultDefault or termination by the Depositor), the Trustee or its successor shall then assume all of the rights and obligations of the Master Servicer under this Agreement arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 3.09 or any acts or omissions of the predecessor Master Servicer hereunder,
under this Agreement), (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunderunder this Agreement including, including but not limited to, repurchases or substitutions of Mortgage Loans pursuant to Section 2.02 or 2.03,
, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (v) deemed to have made any representations and warranties of the Master Servicer hereunderunder this Agreement). Any such assumption shall be subject to Section 7.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oa3), Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oa16), Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oh1)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default), the Trustee or its successor shall then assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 3.09 or any acts or omissions of the predecessor Master Servicer hereunder,
under this Agreement), (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunderhereunder including, including but not limited to, repurchases or substitutions of Mortgage Loans pursuant to Section 2.02 or 2.03,
, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (v) deemed to have made any representations and warranties of the Master Servicer hereunderunder this Agreement). Any such assumption shall be subject to Section 7.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (CWMBS Inc)
Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement (including because of the occurrence or existence of an Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement arising thereafter (except that the Trustee shall not be
(i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder,
(ii) obligated to make Advances if it is prohibited from doing so by applicable law,
(iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
(iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Indymac MBS Inc Asset Secur Trust 2003-A9), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2003-A12), Pooling and Servicing Agreement (Indymac MBS Inc)
Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement (including because of the occurrence or existence of an Event of Default), the Trustee or its successor shall assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
(i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder,
(ii) obligated to make Advances if it is prohibited from doing so by applicable law,
(iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
(iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Indymac MBS Inc Residential Asset Securit Trust 2002-A13), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2003-A6), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2003-A5)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement (including because of the occurrence or existence by reason of an Event of Default), the Trustee or its successor shall then assume all of the rights and obligations of the Master Servicer under this Agreement arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 3.09 or any acts or omissions of the predecessor Master Servicer hereunder,
under this Agreement), (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunderunder this Agreement including, including but not limited to, repurchases or substitutions of Mortgage Loans pursuant to Section 2.02 or 2.03,
, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (v) deemed to have made any representations and warranties of the Master Servicer hereunderunder this Agreement). Any such assumption shall be subject to Section 7.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (Cwalt Inc), Pooling and Servicing Agreement (Alternative Loan Trust 2005-59)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder,
), (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03,
, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any such assumption shall be subject to Section 7.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Indymac Abs Inc), Pooling and Servicing Agreement (Indymac Abs Inc)
Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement hereunder (including because of the occurrence or existence of an Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
(i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder),
(ii) obligated to make Advances if it is prohibited from doing so by applicable law,
(iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
(iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Indy Mac Abs Inc Home Equity Mor Ln as Bk Tr Ser SPMD 2002-A), Pooling and Servicing Agreement (Indymac Abs Inc Home Eq Mort Loan as Back Tr Ser SPMD 2002 B)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default), the Trustee or its successor designee shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 hereof or any acts or omissions of the predecessor Master Servicer hereunder,
, (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
2.03 hereof, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.to
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Cwabs Inc Asset-Backed Certificates Series 2004-5), Pooling and Servicing Agreement (Bear Stearns Asset Bk Sec Inc Asset Bk Cer Ser 1999-2)
Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement hereunder (including because of the occurrence or existence of an Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
(i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder,
), (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
or (v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.
Appears in 1 contract
Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement hereunder (including because of the occurrence or existence of an Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (thereafter, except that the Trustee shall not be:
(i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder,
(ii) obligated to make Advances if it is prohibited from doing so by applicable law,
(iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 2.01, 2.02, 2.03 or 2.032.05,
(iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default), the Trustee or its successor shall then assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 3.09 or any acts or omissions of the predecessor Master Servicer hereunder,
under this Agreement), (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, hereunder including repurchases or substitutions of Mortgage Loans pursuant to Section 2.02 or Section 2.03,
, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (v) deemed to have made any representations and warranties of the Master Servicer hereunderunder this Agreement). Any such assumption shall be subject to Section 7.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (BellaVista Funding CORP)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default), the Trustee or its successor designee shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 hereof or any acts or omissions of the predecessor Master Servicer hereunder,
, (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to make Additional Required Interest Advances, (iv) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
2.03 hereof, (ivv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
2.03 or (vvi) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject , including pursuant to Section 7.2.03 or the first paragraph of Section 6.02
Appears in 1 contract
Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement hereunder (including because of the occurrence or existence of an a Servicer Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
(i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder),
(ii) obligated to make Advances if it is prohibited from doing so by applicable law,
(iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
(iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 77.02.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Indymac Abs Inc Home Eq Mort Ln Asst Back Tr Ser SPMD 2003-A)
Trustee to Act as Master Servicer. If In the event that the Master Servicer shall for any reason is no longer be the Master Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
be (i) liable for losses of the Master Servicer pursuant to Section 3.10 3.09 hereof or any acts or omissions of the predecessor Master Servicer hereunder,
, (ii) obligated to make Advances if it is prohibited from doing so by applicable law,
, (iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunderhereunder including, including but not limited to, repurchases or substitutions of Mortgage Loans pursuant to Section 2.02 or 2.03,
2.03 hereof, (iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.Master
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)
Trustee to Act as Master Servicer. If the Master Servicer for any reason is no longer the Master Servicer under this Agreement hereunder (including because of the occurrence or existence of an Event of Default), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be
(i) liable for losses of the Master Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor Master Servicer hereunder,
(ii) obligated to make Advances if it is prohibited from doing so by applicable law,
(iii) obligated to effectuate repurchases or substitutions of Mortgage Loans hereunder, including repurchases or substitutions pursuant to Section 2.02 or 2.03,
(iv) responsible for expenses of the Master Servicer pursuant to Section 2.03, or
(v) deemed to have made any representations and warranties of the Master Servicer hereunder). Any assumption shall be subject to Section 7.
Appears in 1 contract
