Common use of REO Properties Clause in Contracts

REO Properties. Except to the extent that the Applicable Requirements provide otherwise, the following provisions shall apply to the management and disposition of REO Properties: (a) The deed, title or certificate or b▇▇▇ of sale for any REO Properties shall be taken in the name of Owner or an entity designated by Owner. (b) The Servicer shall have full power and authority, subject only to the specific requirements and prohibitions of this Agreement, to do any and all things in connection with any REO Properties as are consistent with the manner in which the Servicer manages and operates similar property owned by the Servicer or any of its Affiliates, all on such terms and for such period as the Servicer deems to be in the best interests of the Owner. (c) Upon request by the Owner or in the Servicer’s discretion, with respect to any REO Properties, the Servicer shall obtain estimations of the value of the REO Properties from parties selected by the Servicer, which may be broker price opinions if the REO Properties is real property, and shall solicit, in a commercially reasonable manner, bids for the purchase of such REO Properties. (d) Each disposition of REO Properties shall be carried out by the Servicer at such price and upon such terms and conditions as the Servicer reasonably determines to be in the best interest of the Owner and provided the sales price and the related terms and conditions are results of arm’s-length negotiation. To the extent the REO Properties was subject to the UCC, Servicer may exercise all of Owner’s rights and remedies as a secured creditor under the UCC, and under the Asset Documents, including selling the REO Properties at public or private sale, in the entirety or in separate parts, as the Servicer may determine. The proceeds of sale of the REO Properties shall be promptly deposited in the Collection Account. (e) The Servicer shall timely file required information returns (or obtain extensions, if necessary and reasonable), if any, with respect to the receipt of mortgage interest, interest or other amounts received in a trade or business, reports of foreclosures and abandonments of any Collateral and cancellation of indebtedness income with respect to any Collateral as required by the Code. Such reports shall be in form and substance sufficient to meet the reporting requirements imposed by the Code and a copy thereof shall be sent to the Owner promptly after the filing thereof.

REO Properties. Except to the extent that the Applicable Requirements provide otherwise, the following provisions shall apply to the management and disposition of REO Properties: (a) The deed, title or certificate or b▇▇▇▇ of sale for any REO Properties shall be taken in the name of Owner or an entity designated by Owner. (b) The Servicer shall have full power and authority, subject only to the specific requirements and prohibitions of this Agreement, to do any and all things in connection with any REO Properties as are consistent with the manner in which the Servicer manages and operates similar property owned by the Servicer or any of its Affiliates, all on such terms and for such period as the Servicer deems to be in the best interests of the Owner. (c) Upon request by the Owner or in the Servicer’s discretion, with respect to any REO Properties, the Servicer shall obtain estimations of the value of the REO Properties from parties selected by the Servicer, which may be broker price opinions if the REO Properties is real property, and shall solicit, in a commercially reasonable manner, bids for the purchase of such REO Properties. (d) Each disposition of REO Properties shall be carried out by the Servicer at such price and upon such terms and conditions as the Servicer reasonably determines to be in the best interest of the Owner and provided the sales price and the related terms and conditions are results of arm’s-length negotiation. To the extent the REO Properties was subject to the UCC, Servicer may exercise all of Owner’s rights and remedies as a secured creditor under the UCC, and under the Asset Documents, including selling the REO Properties at public or private sale, in the entirety or in separate parts, as the Servicer may determine. The proceeds of sale of the REO Properties shall be promptly deposited in the Collection Account. (e) The Servicer shall timely file required information returns (or obtain extensions, if necessary and reasonable), if any, with respect to the receipt of mortgage interest, interest or other amounts received in a trade or business, reports of foreclosures and abandonments of any Collateral and cancellation of indebtedness income with respect to any Collateral as required by the Code. Such reports shall be in form and substance sufficient to meet the reporting requirements imposed by the Code and a copy thereof shall be sent to the Owner promptly after the filing thereof.