FILED: NEW YORK COUNTY CLERK 06/21/2017 09:46 PM NYSCEF DOC. NO. 36
RECEIVED NYSCEF: 06/21/2017
Lovitt Affirmation Exhibit E – No Duty to Investigate Exemplar Provision: “[P]rior to the occurrence of a Servicer Event of Termination and after the curing of all Servicer Events of Termination which may have occurred, the Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, approval, bond or other paper or documents, unless requested in writing to do so by the Majority Certificateholders or the NIMS Insurer; provided, however, that if the payment within a reasonable time to the Trustee of the costs, expenses or liabilities likely to be incurred by it in the making of such investigation is, in the opinion of the Trustee, not reasonably assured to the Trustee by the security afforded to it by the terms of this Agreement, the Trustee may require reasonable indemnity against such cost, expense or liability as a condition to such proceeding. The reasonable expense of every such examination shall be paid by the Servicer or, if paid by the Trustee, shall be reimbursed by the Servicer upon demand. Nothing in this clause (v) shall derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors.” ABFC 2005-HE2 § 8.02(a)(v). The following Governing Agreements (i.e., all agreements) contain a provision(s) to the same effect: No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.
GA Section TA §6.02(iv) TA §6.02(iv) TA §6.02(iv) TA §6.02(iv) TA §6.02(d) TA §6.02(d) TA §6.02(d) TA §6.02(d) TA §6.02(d) TA §6.02(d) TA §6.02(iv) TA §6.02(d) TA §6.02(d) TA §6.02(d) TA §6.02(d) PSA §6.02(iv) PSA §8.02(a)(v) PSA §8.02(a)(v) PSA §8.02(a)(v) PSA §8.02(a)(v) PSA §8.02(a)(v)