Modifications, Waivers, Amendments and Consents. (a) The Servicer may agree to any modification, waiver, forbearance, or amendment of any term of any Serviced Asset without the consent of the Company. All modifications, waivers, forbearance or amendments of any Serviced Asset shall be consistent with the servicing standard set forth in Section 2 hereof. (b) Notwithstanding anything to the contrary herein, the Servicer may, in accordance with the servicing standard set forth in Section 2 hereof, modify, waive, forbear or amend any term of a Serviced Asset that requires the payment of a prepayment premium or penalty in connection with any principal prepayment thereon. (c) The Servicer may, as a condition to granting any request by a person or entity for consent, modification, waiver, forbearance or amendment of a Serviced Asset, the granting of which is within the Servicer's discretion pursuant to the terms of a Serviced Asset and is permitted by the terms of this Agreement, require that such person or entity pay to the Servicer, as additional servicing compensation, a reasonable or customary fee for the additional services performed in connection with such request, together with any related costs and expenses incurred by the Servicer, which amount shall be retained by the Servicer as additional servicing compensation or remitted of the Company in accordance with the provision of Exhibits A, B or C as amended from time to time.
Appears in 2 contracts
Sources: Servicing Agreement (Summit Securities Inc /Id/), Servicing Agreement (Summit Securities Inc /Id/)
Modifications, Waivers, Amendments and Consents. (a) The A. Servicer may agree to any modification, waiver, forbearance, or amendment of any term of any Serviced Asset Mortgage Loan or Receivable without the consent of the Company. All modifications, waivers, forbearance or amendments of any Serviced Asset Mortgage Loan shall be consistent with the servicing standard set forth in Section 2 II hereof.
(b) B. Notwithstanding anything to the contrary herein, the Servicer may, in accordance with the servicing standard set forth in Section 2 II hereof, modify, waive, forbear or amend any term of a Serviced Asset Mortgage Loan or Receivable that requires the payment of a prepayment premium or penalty in connection with any principal prepayment thereon.
(c) The C. Servicer may, as a condition to granting any request by a person Mortgagor or entity Receivable payor for consent, modification, waiver, forbearance or amendment of a Serviced Assetamendment, the granting of which is within the Servicer's discretion pursuant to the terms of a Serviced Asset Mortgage Loan, or Receivable and is permitted by the terms of this Agreement, require that such person Mortgagor or entity Receivable payor pay to the Servicer, as additional servicing compensation, a reasonable or customary fee for the additional services performed in connection with such request, together with any related costs and expenses incurred by the Servicer, which amount shall be retained by the Servicer as additional servicing compensation or remitted of the to Company in accordance with the provision of Exhibits AAttachment A hereto, B or C as amended from time to time.
Appears in 1 contract