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.

Appears in 24 contracts

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar25), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A1), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A16)

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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.

Appears in 12 contracts

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar14), Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar13), Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar35)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default or termination by the DepositorDefault), except as provided under Section 7.02, the Trustee or its successor shall thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 including, but not limited to, repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the predecessor Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (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 thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc MRT PSS THR Cert Se 2002-He3), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Mortgage Pass THR Cert Ser 2003-He1)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (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 thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Nc1), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I Inc Dep Series 2002-Hq), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Nc2)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default or termination by the DepositorServicer Evaluation Termination Event), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2002-Ami), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Am1)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default or termination by the DepositorDefault), except as provided under Section 7.02, the Trustee or its successor shall thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 including, but not limited to, repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc CDC Mor Cap Tr 2003-He3), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc CDC Mort Cap Tr 2003 He4)

Trustee to Act as Servicer. If (a) In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (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 Depositor to appoint a successor Servicer pursuant to Section 7.02, thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be be (i) liable for losses of the such predecessor Servicer pursuant to Section 3.10 or any acts or omissions of the such 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 but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the such Servicer hereunder). Any such assumption shall be subject to Section 77.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GS Mortgage Securities Corp. FFMLT Trust 2004-Ff3)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default or termination by the DepositorDefault), except as provided under Section 7.02, the Trustee or its successor shall thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Pass-Through Certificates Series 2003-He2)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (including because of the occurrence or existence of an Event of Default or termination by the Depositor), the Trustee or its successor shall thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 77.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Indymac MBS Inc)

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Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (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 thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 including, but not limited to, repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any such assumption shall be subject to Section 7.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)

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, , 52 (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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDA Mortgage Loan Trust 2007-Ar6)

Trustee to Act as Servicer. If (a) In the event that either Servicer shall for any reason is no longer the be a Servicer under this Agreement hereunder (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 Depositor to appoint a successor servicer pursuant to Section 7.03, thereupon assume all of the rights and obligations of the such Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be be (i) liable for losses of the Servicer such predecessor servicer pursuant to Section 3.10 hereof, or any acts or omissions of the such 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 but not limited to repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the such Servicer pursuant to Section 2.03, or or (v) deemed to have made any representations and warranties of the such Servicer hereunder). Any such assumption shall be subject to Section 77.03.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gsaa Home Equity Trust 2004-5)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default or termination by the DepositorDefault), the Trustee or its successor designee shall thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be be (i) liable for losses of the Servicer pursuant to Section 3.10 hereof 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, 2.03 hereof, (iv) responsible for expenses of the Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the 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

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2004-Ec1)

Trustee to Act as Servicer. If In the event that the Servicer shall for any reason is no longer be the Servicer under this Agreement hereunder (including because of the occurrence or existence by reason of an Event of Default or termination by the DepositorDefault), except as provided under Section 7.02, the Trustee or its successor shall thereupon assume all of the rights and obligations of the Servicer under this Agreement hereunder arising thereafter (except that the Trustee shall not be 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 including, but not limited to, repurchases or substitutions pursuant to Section 2.02 or 2.03, , (iv) responsible for expenses of the predecessor Servicer pursuant to Section 2.03, or 2.03 or (v) deemed to have made any representations and warranties of the Servicer hereunder). Any assumption shall be subject to Section 7.any

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

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