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Document Preview Servicing Agreement |
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Title: |
Servicing Agreement |
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Entities: |
Freddie Mac; People’s Financial Realty Mortgage Securities 2006-1; Wells Fargo Bank, NA; Federal National Mortgage Association |
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Date: |
2006 |
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Size: |
Preview shows 44KB of 201KB total |
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Price: |
$84 |
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ID: |
#2468520 |
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Start of Preview |
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EMC MORTGAGE CORPORATION,
as Servicer,
WELLS FARGO BANK, N.A.,
as Master Servicer,
PEOPLES CHOICE HOME LOAN, INC.,
as Subservicer
and
HSBC BANK USA, NATIONAL ASSOCIATION
as Trustee
SERVICING AGREEMENT
Dated as of July 1, 2006
TABLE OF CONTENTS
| Page | ||||
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ARTICLE I DEFINITIONS |
1 | |||
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Section 1.01. |
Defined Terms | 1 | ||
| ARTICLE II SERVICING OF MORTGAGE LOANS; POSSESSION OF SERVICING FILES; BOOKS AND RECORDS; DELIVERY OF MORTGAGE LOAN DOCUMENTS | 4 | |||
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Section 2.01. |
Servicing of Mortgage Loans | 4 | ||
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Section 2.02. |
Maintenance of Servicing Files | 4 | ||
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Section 2.03. |
Books and Records | 4 | ||
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Section 2.04. |
Delivery of Mortgage Loan Documents | 5 | ||
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ARTICLE III REPRESENTATIONS AND WARRANTIES OF THE SERVICER |
6 | |||
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Section 3.01. |
Representations of the Servicer | 6 | ||
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Section 3.02. |
Representations of the Subservicer | 7 | ||
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ARTICLE IV ADMINISTRATION AND SERVICING OF MORTGAGE LOANS |
8 | |||
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Section 4.01. |
Servicer to Act as Servicer | 8 | ||
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Section 4.02. |
Collection of Mortgage Loan Payments | 11 | ||
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Section 4.03. |
Realization Upon Defaulted Mortgage Loans | 11 | ||
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Section 4.04. |
Establishment of Custodial Accounts; Deposits in Custodial Accounts | 12 | ||
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Section 4.05. |
Permitted Withdrawals From the Custodial Account | 13 | ||
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Section 4.06. |
Establishment of Escrow Accounts; Deposits in Escrow Accounts | 14 | ||
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Section 4.07. |
Permitted Withdrawals From Escrow Account | 15 | ||
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Section 4.08. |
Payment of Taxes, Insurance and Other Charges, Collections Thereunder | 16 | ||
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Section 4.09. |
Transfer of Accounts | 16 | ||
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Section 4.10. |
Maintenance of Hazard Insurance | 16 | ||
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Section 4.11. |
Blanket Hazard Insurance | 17 | ||
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Section 4.12. |
Fidelity Bond, Errors and Omissions Insurance | 18 | ||
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Section 4.13. |
Title, Management and Disposition of REO Property | 18 | ||
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Section 4.14. |
Notification of Adjustments | 19 | ||
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Section 4.15. |
Retention of Mortgage Loans | 20 | ||
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Section 4.16. |
Compliance with Applicable Laws | 20 | ||
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Section 4.17. |
Waiver of Prepayment Charges | 20 | ||
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Section 4.18. |
Advance Facility | 21 | ||
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ARTICLE V REMITTANCES TO THE MASTER SERVICER |
22 | |||
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Section 5.01. |
Remittances | 22 | ||
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Section 5.02. |
Monthly Statements | 23 | ||
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Section 5.03. |
Monthly Advances | 23 | ||
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Section 5.04. |
Liquidation Reports | 24 | ||
i
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ARTICLE VI GENERAL SERVICING PROCEDURES |
24 | |||
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Section 6.01. |
Assumption Agreements | 24 | ||
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Section 6.02. |
Satisfaction of Mortgages and Release of Mortgage Loan Documents | 25 | ||
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Section 6.03. |
Servicing Compensation | 26 | ||
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Section 6.04. |
Master Servicers Right to Examine Servicer Records | 26 | ||
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Section 6.05. |
Non-solicitation | 26 | ||
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ARTICLE VII REPORTS TO BE PREPARED BY SERVICER |
27 | |||
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Section 7.01. |
Servicer Shall Provide Information as Reasonably Required | 27 | ||
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ARTICLE VIII THE SERVICER |
27 | |||
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Section 8.01. |
Indemnification; Third Party Claims | 27 | ||
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Section 8.02. |
Merger or Consolidation of the Servicer | 28 | ||
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Section 8.03. |
Limitation on Liability of the Servicer and Others | 28 | ||
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Section 8.04. |
Servicer Not to Resign | 29 | ||
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Section 8.05. |
No Transfer of Servicing | 29 | ||
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ARTICLE IX DEFAULT |
29 | |||
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Section 9.01. |
Events of Default | 29 | ||
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Section 9.02. |
Waiver of Defaults | 31 | ||
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ARTICLE X TERMINATION |
31 | |||
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Section 10.01. |
Termination | 31 | ||
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ARTICLE XI COMPLIANCE WITH REGULATION AB |
32 | |||
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Section 11.01. |
Additional Representations and Warranties of the Servicer | 33 | ||
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Section 11.02. |
Information to Be Provided by the Servicer | 34 | ||
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Section 11.03. |
Servicer Compliance Statement | 38 | ||
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Section 11.04. |
Report on Assessment of Compliance and Attestation | 38 | ||
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Section 11.05. |
Use of Subservicers and Subcontractors | 39 | ||
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Section 11.06. |
Indemnification; Remedies | 40 | ||
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Section 11.07. |
Intent of the Parties; Reasonableness | 42 | ||
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ARTICLE XII MISCELLANEOUS PROVISIONS |
43 | |||
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Section 12.01. |
Successor to the Servicer | 43 | ||
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Section 12.02. |
Amendment | 44 | ||
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Section 12.03. |
Governing Law | 44 | ||
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Section 12.04. |
Notices | 44 | ||
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Section 12.05. |
Severability of Provisions | 45 | ||
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Section 12.06. |
Exhibits and Schedules | 45 | ||
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Section 12.07. |
General Interpretive Principles | 45 | ||
ii
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Section 12.08. |
Reproduction of Documents | 46 | ||
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Section 12.09. |
Confidentiality of Information | 46 | ||
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Section 12.10. |
No Partnership | 46 | ||
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Section 12.11. |
Counterparts; Successors and Assigns | 46 | ||
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Section 12.12. |
Entire Agreement | 47 | ||
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Section 12.13. |
Further Agreements | 47 |
EXHIBITS
| Exhibit A | Mortgage Loan Schedule | |
| Exhibit B | Custodial Account Letter Agreement | |
| Exhibit C | Escrow Account Letter Agreement | |
| Exhibit D | Form of Request for Release by Custodian | |
| Exhibit E | Format for Reporting Realized Losses or Gains | |
| Exhibit F | Master Servicers Standard File Layout - Scheduled/Scheduled Reporting | |
| Exhibit G | Master Servicers Standard File Layout - Delinquency Reporting | |
| Exhibit H | Form of Limited Power of Attorney | |
| Exhibit I | Servicing Criteria to be Addressed in Assessment of Compliance | |
| Exhibit J | Form of Annual Certification |
iii
THIS IS A SERVICING AGREEMENT, dated as of July 1, 2006 (the Agreement), and is executed among EMC Mortgage Corporation, as servicer (the Servicer), Wells Fargo Bank, N.A., as master servicer (the Master Servicer), Peoples Choice Home Loan, Inc., as the subservicer pursuant to the Subservicing Agreement (the Subservicer) and HSBC Bank USA, National Association, as trustee (the Trustee).
PRELIMINARY STATEMENT:
WHEREAS, pursuant to the pooling and servicing agreement, dated as of July 1, 2006, among Peoples Choice Home Loan Securities Corp., as depositor (the Depositor), the Master Servicer, Wells Fargo Bank, N.A., as the Securities Administrator, the Trustee, the Servicer, the Subservicer and Peoples Choice Home Loan, Inc., as seller (the Pooling and Servicing Agreement), the Issuing Entity (as defined in the Pooling and Servicing Agreement) has issued the Certificates (as defined in the Pooling and Servicing Agreement), which will evidence an ownership interest in, among other things, trust assets consisting of the mortgage loans identified on Exhibit A attached hereto (the Mortgage Loans). The Issuing Entity desires to engage the Servicer to service the Mortgage Loans, itself or through the Subservicer, for the benefit of the holders of the Certificates, and the Servicer desires to accept such engagement, subject and pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual agreements hereinafter set forth, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Defined Terms.
Capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Pooling and Servicing Agreement, which is incorporated herein by this reference. Whenever used in this Agreement, the following words and phrases, unless the context otherwise requires, shall have the following meanings:
Agreement: This Servicing Agreement including all exhibits hereto, amendments hereof and supplements hereto.
Ancillary Income: All income derived from the Mortgage Loans other than payments of principal, interest and Escrow Payments (excluding Servicing Fees and Prepayment Charges attributable to the Mortgage Loans), including but not limited to interest received on funds deposited in the Custodial Account or any Escrow Account, all late charges, assumption fees, escrow account benefits (to the extent permitted by law and in the Mortgage Loan Documents), reinstatement fees, fees received with respect to checks on bank drafts returned by the related bank for insufficient funds, and similar types of fees arising from or in connection with any Mortgage Loan to the extent not otherwise payable to the Mortgagor under applicable law or pursuant to the terms of the related Mortgage Note.
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