Common use of Trustee to Act as Servicer Clause in Contracts

Trustee to Act as Servicer. If the Servicer for any reason is no longer the Servicer under this Agreement (including because of the occurrence or existence of an Event of Default or termination by the Depositor), the Trustee or its successor shall assume all of the rights and obligations of the Servicer under this Agreement arising thereafter (except that the Trustee shall not be (i) liable for losses of the Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor 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 Servicer pursuant to Section 2.03, or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any assumption shall be subject to Section 7.02. Notwithstanding anything else in this Agreement to the contrary, in no event shall the Trustee be liable for any servicing fee or for any differential in the amount of the Servicing Fee paid under this Agreement and the amount necessary to induce any successor Servicer to act as successor Servicer under this Agreement and the transactions provided for in this Agreement.

Trustee to Act as Servicer. If the Servicer for any reason is no longer the Servicer under this Agreement hereunder (including because of the occurrence or existence of an Event of Default or termination by the DepositorDefault), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (thereafter, except that the Trustee shall not be: (i) liable for losses of the Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor 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 Servicer pursuant to Section 2.03, or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any assumption shall be subject to Section 7.02. Notwithstanding anything else in this Agreement to the contrary, in no event shall the Trustee be liable for any servicing fee or for any differential in the amount of the Servicing Fee servicing fee paid under this Agreement and the amount necessary to induce any successor Servicer to act as successor Servicer under this Agreement and the transactions provided for in this Agreement.

Trustee to Act as Servicer. If the Servicer for any reason is no longer the Servicer under this Agreement (including because of the occurrence or existence of an Event of Default or termination by the DepositorDefault), the Trustee or its successor shall assume all of the rights and obligations of the Servicer under this Agreement arising thereafter (except that the Trustee shall not be (i) liable for losses of the Servicer pursuant to Section 3.10 or any acts or omissions of the predecessor 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 Servicer pursuant to Section 2.03, or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any assumption shall be subject to Section 7.02. Notwithstanding anything else in this Agreement to the contrary, in no event shall the Trustee be liable for any servicing fee or for any differential in the amount of the Servicing Fee paid under this Agreement and the amount necessary to induce any successor Servicer to act as successor Servicer under this Agreement and the transactions provided for in this Agreement.

Trustee to Act as Servicer. If In the event that either Servicer shall for any reason is no longer the be a Servicer under this Agreement pursuant to Section 7.01 (including because of the occurrence or existence by reason of an Event of Default or termination by the DepositorDefault), the Trustee or its successor shall shall, subject to the rights of the Class A-1 Certificate Insurer to appoint a successor Servicer pursuant to Section 7.02, thereupon assume all of the rights and obligations of the applicable Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be be (i) liable for investment losses of the predecessor Servicer pursuant to Section 3.10 4.04 of the applicable Wells Fargo Sale and Servicing Agreexxxx and Section 11.04 of the Bank of America Sale and Servicing Agreement, as applicable, or any acts or omissions of the predecessor Servicer hereunder, thereunder, (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 the applicable Sale and Servicing Agreement, including but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03, 3.03 of the applicable Wells Fargo Sale and Servicing Agreexxxx and Section 7.03 of the Bank of America Sale and Servicing Agreement, as applicable, (iviii) responsible for expenses of the predecessor Servicer pursuant to Section 2.03, or or (viv) deemed to have made any representations and warranties of the Servicer hereunder). Any assumption shall be subject to Section 7.02. Notwithstanding anything else in this Agreement to the contrary, in no event shall the Trustee be liable for any servicing fee or for any differential in the amount of the Servicing Fee paid under this Agreement and the amount necessary to induce any successor Servicer to act as successor applicable Servicer under this Agreement the applicable Sale and the transactions provided for in this Servicing Agreement).