Common use of Waiver of Prepayment Charges Clause in Contracts

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) an amount equal to the amount of the Prepayment Charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) an amount equal to the amount of the Prepayment Charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15Charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Trust Custodial Account) an amount equal to the amount of the Prepayment Charge not collected, ; provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 3.19 if the failure to collect such amount is the result of inaccurate or incomplete information in on the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the Servicer shall pay to the Trust Fund Owner at such time (by deposit to the Custodial Account) an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, . The Owner warrants that the schedule of prepayment charges provided to the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a be complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data providedprepayment charges. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if (i) the related prepayment is not the result of a refinancing by the Servicer or its designee and designee, (ii) such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, (iii) such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and (iv) such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . If a prepayment charge is waived as permitted by meeting the collection standards described above, then the Servicer is required to pay the amount of whichsuch waived prepayment charge, in for the reasonable judgment benefit of the ServicerOwner, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to by depositing such amount into the contrary, any Prepayment Charge in any instance when a Custodial Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Custodial Account. Within 90 days of the earlier of discovery by the Servicer or receipt of notice by the Servicer of the breach of the representation or covenant of the Servicer set forth in foreclosurethis Section 4.16 which materially and adversely affects the interests of the Owner in any prepayment charge, the Servicer shall remedy such breach as follows: if any of the covenants made by the Servicer in this Section 4.16 is breached, the Servicer must pay the amount of such waived prepayment charge, for the benefit of the Owner, by depositing such amount into the Custodial Account.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the The Servicer shall not waive any Prepayment Charge with respect (or permit the Subservicer to any Mortgage Loan. If the Servicer or its designee fails to collect waive) a Prepayment Charge at only under the time following circumstances: (i) such waiver is standard and customary in servicing similar Mortgage Loans and such waiver is related to a default or reasonably foreseeable default and would, in the reasonable judgment of the Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Charge and the related Mortgage Loan and, if such waiver is made in connection with a refinancing of the related prepayment of any Mortgage Loan subject Loan, such refinancing is related to such Prepayment Charge a default or waives a Prepayment Charge other than a waiver pursuant to clause (i)reasonably foreseeable default, (ii) such Prepayment Charge is unenforceable in accordance with applicable law or the collection of such related Prepayment Charge would otherwise violate applicable law or (iii) below the mortgage debt has been accelerated as a result of the related Mortgagor’s default in making the related Monthly Payments. Notwithstanding any provision in this Section 3.15, the Servicer shall pay Agreement to the Trust Fund at such time (by deposit to contrary, in the Custodial Account) an amount equal to event the Prepayment Charge payable under the terms of the Mortgage Note is less than the amount of the Prepayment Charge not collected, provided, howeverset forth in the Prepayment Charge schedule or other information provided to the Servicer by the Seller, the Servicer shall not have any liability or obligation with respect to such difference, and in addition shall not have any liability or obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 prepayment charge if the failure to collect such amount is the direct result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a completeschedule. Notwithstanding anything to the contrary contained in this Agreement, true and accurate and may be relied on by if the covenant of the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A in this Section 4.16 is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the abovebreached, the Servicer will pay, or its designee may waive (and shall waivecause the Subservicer to pay, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related waived prepayment is not the result charge, from its own funds without any right of a refinancing by the Servicer or its designee and such waiver (i) relates reimbursement, to a defaulted Mortgage Loan or a reasonably foreseeable defaultPeople’s Choice Funding, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.Inc.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the Servicer or its designee any Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee any Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the Servicer is required to pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class P Certificates, by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the Servicer or receipt of notice by the Servicer of the breach of the representation or covenant of the Servicer set forth in foreclosurethis Section 3.21 which materially and adversely affects the interests of the Holders of the Class P Certificates in any prepayment charge, the Servicer shall remedy such breach as follows: if any of the covenants made by the Servicer in this Section 3.21 is breached, the Servicer must pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class P Certificates, by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) an amount equal to the amount of the Prepayment Charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the Servicer or its designee any Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee any Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the Servicer is required to pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class N Notes, by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the Servicer or receipt of notice by the Servicer of the breach of the representation or covenant of the Servicer set forth in foreclosurethis Section 3.21 which materially and adversely affects the interests of the Holders of the Class N Notes in any prepayment charge, the Servicer shall remedy such breach as follows: if any of the covenants made by the Servicer in this Section 3.21 is breached, the Servicer must pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class N Notes, by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the Servicer or its designee any Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee any Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the Servicer is required to pay the amount of such waived prepayment charge, for the benefit of the Holders of the Notes, by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the Servicer or receipt of notice by the Servicer of the breach of the representation or covenant of the Servicer set forth in foreclosurethis Section 3.21 which materially and adversely affects the interests of the Holders of the Notes in any prepayment charge, the Servicer shall remedy such breach as follows: if any of the covenants made by the Servicer in this Section 3.21 is breached, the Servicer must pay the amount of such waived prepayment charge, for the benefit of the Holders of the Notes, by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the Servicer or its designee any Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee any Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the Servicer is required to pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class A-1, Class A-2, Class A-3 and Class B-3 Notes, by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the Servicer or receipt of notice by the Servicer of the breach of the representation or covenant of the Servicer set forth in foreclosurethis Section 3.21 which materially and adversely affects the interests of the Holders of the Class A-1, Class A-2, Class A-3 and Class B-3 Notes in any prepayment charge, the Servicer shall remedy such breach as follows: if any of the covenants made by the Servicer in this Section 3.21 is breached, the Servicer must pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class A-1, Class A-2, Class A-3 and Class B-3 Notes, by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the Servicer or its designee any Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee any Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the Servicer is required to pay the amount of such waived prepayment charge, for the benefit of the Holders of the Owner Trust Certificates, by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the Servicer or receipt of notice by the Servicer of the breach of the representation or covenant of the Servicer set forth in foreclosurethis Section 3.21 which materially and adversely affects the interests of the Holders of the Owner Trust Certificates in any prepayment charge, the Servicer shall remedy such breach as follows: if any of the covenants made by the Servicer in this Section 3.21 is breached, the Servicer must pay the amount of such waived prepayment charge, for the benefit of the Holders of the Owner Trust Certificates, by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the The Servicer shall not waive any Prepayment Charge with respect (or permit a subservicer to any Mortgage Loan. If the Servicer or its designee fails to collect waive) a Prepayment Charge at only under the time following circumstances: (i) such waiver is standard and customary in servicing similar Mortgage Loans and such waiver is related to a default or reasonably foreseeable default and would, in the reasonable judgment of the Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Charge and the related Mortgage Loan and, if such waiver is made in connection with a refinancing of the related prepayment of any Mortgage Loan subject Loan, such refinancing is related to such Prepayment Charge a default or waives a Prepayment Charge other than a waiver pursuant to clause (i)reasonably foreseeable default, (ii) such Prepayment Charge is unenforceable in accordance with applicable law or the collection of such related Prepayment Charge would otherwise violate applicable law or (iii) below the mortgage debt has been accelerated as a result of the related Mortgagor's default in making the related Monthly Payments. Notwithstanding any provision in this Section 3.15, the Servicer shall pay Agreement to the Trust Fund at such time (by deposit to contrary, in the Custodial Account) an amount equal to event the Prepayment Charge payable under the terms of the Mortgage Note is less than the amount of the Prepayment Charge not collected, provided, howeverset forth in the Prepayment Charge schedule or other information provided to the Servicer by the Owner, the Servicer shall not have any liability or obligation with respect to such difference, and in addition shall not have any liability or obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 prepayment charge if the failure to collect such amount is the direct result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a completeschedule. Notwithstanding anything to the contrary contained in this Agreement, true and accurate and may be relied on by if the covenant of the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A in this Section 4.16 is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the abovebreached, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund will pay the amount of such Prepayment Charge only if waived prepayment charge, from its own funds without any right of reimbursement by depositing such amount into the related prepayment is not Custodial Account within 90 days of the result earlier of a refinancing discovery by the Servicer or its designee and receipt of notice by the Servicer of each such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosurebreach.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the The Servicer shall not waive any Prepayment Charge with respect (or permit the Subservicer to any Mortgage Loan. If the Servicer or its designee fails to collect waive) a Prepayment Charge at only under the time following circumstances: (a) such waiver is standard and customary in servicing similar Mortgage Loans and such waiver is related to a default or reasonably foreseeable default and would, in the reasonable judgment of the Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Charge and the related Mortgage Loan and, if such waiver is made in connection with a refinancing of the related prepayment of any Mortgage Loan subject Loan, such refinancing is related to a default or a reasonably foreseeable default, (b) such Prepayment Charge is unenforceable in accordance with applicable law or waives a the collection of such related Prepayment Charge other than a waiver pursuant to clause (i), (ii) would otherwise violate applicable law or (iiic) below the mortgage debt has been accelerated as a result of the related Mortgagor’s default in making the related Monthly Payments. Notwithstanding any provision in this Section 3.15, the Servicer shall pay Agreement to the Trust Fund at such time (by deposit to contrary, in the Custodial Account) an amount equal to event the Prepayment Charge payable under the terms of the Mortgage Note is less than the amount of the Prepayment Charge not collected, provided, howeverset forth in the Prepayment Charge schedule or other information provided to the Servicer by the Seller, the Servicer shall not have any liability or obligation with respect to such difference, and in addition shall not have any liability or obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the direct result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a completeschedule. Notwithstanding anything to the contrary contained in this Agreement, true and accurate and may be relied on by if the covenant of the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A in this Section 4.16 is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the abovebreached, the Servicer will pay, or its designee may waive (and shall waivecause the Subservicer to pay, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such waived Prepayment Charge only if the related prepayment is not the result Charge, from its own funds without any right of a refinancing by the Servicer or its designee and such waiver (i) relates reimbursement, to a defaulted Mortgage Loan or a reasonably foreseeable defaultPeople’s Choice Funding, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.Inc.

Waiver of Prepayment Charges. Except as provided belowThe Servicer shall waive (or permit a subservicer to waive) a prepayment charge only under the following circumstances: (i) such waiver is standard and customary in servicing similar Mortgage Loans and such waiver is related to a default or reasonably foreseeable default and would, in the Servicer or any designee reasonable judgment of the Servicer shall not waive any Prepayment Charge Servicer, maximize recovery of total proceeds taking into account the value of such prepayment charge and the related Mortgage Loan and, if such waiver is made in connection with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time refinancing of the related prepayment of any Mortgage Loan subject Loan, such refinancing is related to such Prepayment Charge a default or waives a Prepayment Charge other than a waiver pursuant to clause (i)reasonably foreseeable default, (ii) such prepayment charge is unenforceable in accordance with applicable law or the collection of such related prepayment charge would otherwise violate applicable law or (iii) below the mortgage debt has been accelerated as a result of the related Mortgagor's default in making the related Monthly Payments. Notwithstanding any provision in this Section 3.15, the Servicer shall pay Agreement to the Trust Fund at such time (by deposit to contrary, in the Custodial Account) an amount equal to event the prepayment charge payable under the terms of the Mortgage Note is less than the amount of the Prepayment Charge not collected, provided, howeverprepayment charge set forth in the prepayment charge schedule or other information provided to the Servicer by the Owner, the Servicer shall not have any liability or obligation with respect to such difference, and in addition shall not have any liability or obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 prepayment charge if the failure to collect such amount is the direct result of inaccurate or incomplete information on the prepayment charge schedule. Notwithstanding anything to the contrary contained in this Agreement, if the Prepayment Charge Schedule provided by LBH and which is included as part covenant of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A in this Section 4.16 is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the abovebreached, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund will pay the amount of such Prepayment Charge only if waived prepayment charge, from its own funds without any right of reimbursement by depositing such amount into the related prepayment is not Custodial Account within 90 days of the result earlier of a refinancing discovery by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to receipt of notice by the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount Servicer of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosurebreach.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15Charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Trust Custodial Account) an amount equal to the amount of the Prepayment Charge not collected, ; provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 3.19 if the failure to collect such amount is the result of inaccurate or incomplete information in on the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data providedSchedule. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

Waiver of Prepayment Charges. Except as provided below, the RMBS Servicer or any designee of the RMBS Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the RMBS Servicer or its designee any RMBS Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the RMBS Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the RMBS Servicer or its designee any RMBS Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the RMBS Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the RMBS Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the RMBS Servicer is required to pay the amount of such waived prepayment charge, for the benefit of the holders of the Class N Notes, by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the RMBS Servicer or receipt of notice by the RMBS Servicer of the breach of the representation or covenant of the Servicer set forth in foreclosurethis Section 3.22 which materially and adversely affects the interests of the Holders of the Class N Notes in any prepayment charge, the RMBS Servicer shall remedy such breach as follows: if any of the covenants made by the RMBS Servicer in this Section 3.22 is breached, the RMBS Servicer must pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class N Notes, by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the RMBS Servicer or any designee of the RMBS Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the RMBS Servicer or its designee any Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the RMBS Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the RMBS Servicer or its designee any Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the RMBS Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the RMBS Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the RMBS Servicer is required to pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class N Notes, by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the RMBS Servicer or receipt of notice by the RMBS Servicer of the breach of the representation or covenant of the RMBS Servicer set forth in foreclosurethis Section 3.21 which materially and adversely affects the interests of the Holders of the Class P Notes in any prepayment charge, the RMBS Servicer shall remedy such breach as follows: if any of the covenants made by the RMBS Servicer in this Section 3.21 is breached, the RMBS Servicer must pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class P Notes, by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the RMBS Servicer or any designee of the RMBS Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the RMBS Servicer or its designee any Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the RMBS Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the RMBS Servicer or its designee any Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the RMBS Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the RMBS Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the RMBS Servicer is required to pay the amount of such waived prepayment charge by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the RMBS Servicer or receipt of notice by the RMBS Servicer of the breach of the representation or covenant of the RMBS Servicer set forth in foreclosurethis Section 3.21 the RMBS Servicer shall remedy such breach as follows: if any of the covenants made by the RMBS Servicer in this Section 3.21 is breached, the RMBS Servicer must pay the amount of such waived prepayment charge by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the The Servicer shall not waive any Prepayment Charge with respect (or permit the Subservicer to any Mortgage Loan. If the Servicer or its designee fails to collect waive) a Prepayment Charge at only under the time following circumstances: (a) such waiver is standard and customary in servicing similar Mortgage Loans and such waiver is related to a default or reasonably foreseeable default and would, in the reasonable judgment of the Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Charge and the related Mortgage Loan and, if such waiver is made in connection with a refinancing of the related prepayment of any Mortgage Loan subject Loan, such refinancing is related to a default or a reasonably foreseeable default, (b) such Prepayment Charge is unenforceable in accordance with applicable law or waives a the collection of such related Prepayment Charge other than a waiver pursuant to clause (i), (ii) would otherwise violate applicable law or (iiic) below the mortgage debt has been accelerated as a result of the related Mortgagor’s default in making the related Monthly Payments. Notwithstanding any provision in this Section 3.15, the Servicer shall pay Agreement to the Trust Fund at such time (by deposit to contrary, in the Custodial Account) an amount equal to event the Prepayment Charge payable under the terms of the Mortgage Note is less than the amount of the Prepayment Charge not collected, provided, howeverset forth in the Prepayment Charge schedule or other information provided to the Servicer by the Seller, the Servicer shall not have any liability or obligation with respect to such difference, and in addition shall not have any liability or obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the direct result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a completeschedule. Notwithstanding anything to the contrary contained in this Agreement, true and accurate and may be relied on by if the covenant of the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A in this Section 4.17 is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the abovebreached, the Servicer will pay, or its designee may waive (and shall waivecause the Subservicer to pay, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such waived Prepayment Charge only if the related prepayment is not the result Charge, from its own funds without any right of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosurereimbursement.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15Charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) an amount equal to the amount of the Prepayment Charge not collected, ; provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 3.19 if the failure to collect such amount is the result of inaccurate or incomplete information in on the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data providedSchedule. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge Prepayment Charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

Waiver of Prepayment Charges. Except as provided below, the Servicer RMBS Subservicer or any designee of the Servicer RMBS Subservicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the Servicer RMBS Subservicer or its designee any subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the Servicer RMBS Subservicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer RMBS Subservicer or its designee any subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the ServicerRMBS Subservicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the RMBS Subservicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the RMBS Subservicer is required to pay the amount of such waived prepayment charge by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the RMBS Subservicer or receipt of notice by the RMBS Subservicer of the breach of the representation or covenant of the RMBS Subservicer set forth in foreclosurethis Section 3.20, the RMBS Subservicer shall remedy such breach as follows: if any of the covenants made by the RMBS Subservicer in this Section 3.20 is breached, the RMBS Subservicer must pay the amount of such waived prepayment charge by depositing such amount into the Protected Account.

Waiver of Prepayment Charges. Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge Charge, at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15, the Servicer shall pay to the Trust Fund at such time (by deposit to the Trust Custodial Account) an amount equal to the amount of the Prepayment Charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

Waiver of Prepayment Charges. Except as provided below, the RMBS Servicer or any designee of the RMBS Servicer shall not waive any Prepayment Charge prepayment charge with respect to any Mortgage Loan. If the RMBS Servicer or its designee any Subservicer fails to collect a Prepayment Charge prepayment charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge or waives a Prepayment Charge other than a waiver pursuant to clause (i), (ii) or (iii) below of this Section 3.15prepayment charge, the RMBS Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) Protected Account at the time of payoff an amount equal to the amount of the Prepayment Charge prepayment charge not collected, provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.15 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Charges listed on the Prepayment Charge Schedule attached hereto as Exhibit A are a complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Charges. If the Prepayment Charge data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Charges using the data provided. Notwithstanding the above, the RMBS Servicer or its designee any Subservicer may waive (and shall waive, in the case of (ii) and (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge prepayment charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage LoansLoans (including any waiver of a prepayment charge in connection with a refinancing of a Mortgage Loan related to a default or a reasonably foreseeable default), and (ii) such waiver, in the reasonable judgment of the RMBS Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount value of such Prepayment Charge prepayment charge and the related Mortgage Loan, (ii) relates to . In no event will the RMBS Servicer waive a prepayment charge the collection in connection with a refinancing of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a prepayment charge is waived as permitted by meeting the standards described above, then the RMBS Servicer is required to pay the amount of such waived prepayment charge, for the benefit of the holders of the Class N Notes, by depositing such amount into the Protected Account together with and at the time that the amount prepaid on the related Mortgage Loan is required to be deposited into the Protected Account. Within 90 days of the earlier of discovery by the RMBS Servicer or receipt of notice by the RMBS Servicer of the breach of the representation or covenant of the Servicer set forth in foreclosurethis Section 3.22 which materially and adversely affects the interests of the Holders of the Class N Notes in any prepayment charge, the RMBS Servicer shall remedy such breach as follows: if any of the covenants made by the RMBS Servicer in this Section 3.22 is breached, the RMBS Servicer must pay the amount of such waived prepayment charge, for the benefit of the Holders of the Class N Notes, by depositing such amount into the Protected Account.