________________________________________________________________________________________
TERMS AND CONDITIONS GOVERNING LOAN SERVICING FOR ALL PARTIES
Weststar Pacific Mortgage agrees to act as a Loan Servicing Agent for the parties pursuant to this Loan Servicing
Agreement. In accepting this Loan Service and designating Weststar as Loan Servicing Agent, the parties hereto
mutually agree to this instruction sheet and the following terms and conditions.
1. The duties and responsibilities of Weststar are limited to those expressly set forth in this Agreement. Neither party shall have the
right to change or modify the terms of this Agreement (except the Payee under the contract or note may change where their
payment is disbursed by written notice to Weststar and the Payer under the contract or note may change where their payment is
drafted from by written notice to Weststar) unless such change or modification is in writing and executed by all parties to the Loan
Servicing Agreement.
2. Weststar shall not be responsible or liable: (i) for the sufficiency, accuracy, or correctness of the form, manner of execution,
execution, or validity of any paper, instrument or document deposited hereunder, or any description of property or other thing
therein, (ii) the identity, authority, or rights of the persons executing or delivering, or purporting to execute or deliver any paper
instrument or document. Further, the parties hereto acknowledge and agree that Weststar shall not be called upon to construe
any contract or instrument deposited herewith.
3. In accordance with Weststar’s published fee schedule and servicing instructions, the servicing fees due are to be paid by the
parties designated. Weststar shall have the right to change its fees from time to time. Please note that monthly service fees shall
accrue until the account is closed out and all fees then due have been paid.
4. If a payment is more than 15 days past due (or as may be otherwise directed), and the parties have instructed Weststar to send a
past due reminder notice, Weststar shall send the reminder notice and the Purchaser/Payer shall pay the fee for the service, in
accordance with the fee schedule then in effect.
5. Weststar shall be authorized to electronically deposit and/or draft proceeds from the collection account, if that service has been
requested. This service shall be provided as a convenience and Weststar shall have no responsibility if the receiving party: (i) fails
to make deposits; or, (ii) makes a credit to another account. Weststar shall not be responsible for the bank’s charges relating to
the deposit/draft. Weststar’s obligation shall be expressly limited to the prompt deposit and/or drafting of funds, as available. If
a party receives money or a deposit that is not due them, they shall immediately notify Weststar.
6. If Weststar remits a payment without waiting for checks or drafts to be honored by the institution upon which they are drawn, the
Payee agrees to hold Weststar harmless from any loss sustained by reason of the dishonoring of said checks or drafts. In the
event any check or draft is dishonored by the institution upon which it is drawn, and Weststar has remitted such payments, Payee
shall return such payments to Weststar within five (5) business days from the date requested by Weststar.
7. If a release of any lien described in the Loan Documents is not provided to Weststar when the account is setup, the party who is
obligated to provide the release shall provide the release upon request by Weststar. If the release is not provided when
requested, Weststar may hold final funds until the release is provided.
8. Weststar shall have the right to resign as loan servicing agent by giving the parties thirty (30) days written notice. Weststar shall
also have the right to assign its duties as loan servicing agent to other licensed individuals or entities upon thirty (30) days’ notice.
9. In the event fees that are due are not paid and the non-paying party voluntarily or involuntarily loses his rights to the property
through a deed-in-lieu, non-judicial foreclosure, judicial foreclosure or otherwise, the other party or parties hereto agree to collect
and forward all fees due Weststar prior to or immediately after the transfer of title.
10. As a material consideration for Weststar’s acceptance to act as the loan servicing agent, it is agreed that Weststar shall not be
liable for any of its acts or omissions done in good faith, nor shall it be liable for any claims, demands, losses or damages made,
claimed or suffered by any party to this Agreement, excepting such as may arise through or be caused by Weststar’s gross
negligence. Each of the parties to this Agreement agree to indemnify Weststar and hold Weststar harmless from all costs,
damages, judgments, attorney’s fees, expenses, obligations and liabilities of any kind which Weststar may incur or suffer in
connection with or arising out of the services provided hereunder, except such as may be caused by Weststar’s gross negligence.
Weststar is hereby given a lien and a contractual right to set off upon and against all rights and interest of each of the undersigned
to all interests in any property, paper, instruments, documents and all monies arising there from to protect Weststar’s rights to
indemnification and reimbursement under this Agreement. The right to set off may be exercised at Weststar’s sole discretion,
without notice to the parties hereto or any party who may have an interest.
11. In the event any conflict or controversy arises concerning any act or failure to act by Weststar or Weststar receiving conflicting
demands for any act or failure to act, the parties hereto expressly agree and consent that Weststar shall have the absolute right,
in its sole discretion, to either (a) withhold all money, property, paper instruments or documents deposited herewith and stop all
further proceedings in, and performance of this loan servicing until a mutual agreement has been reached between all parties
hereto, or (b) file suit in interpleader to have the court decide the dispute. In the event Weststar files an interpleader suit, or in
the event any party interested in the Loan Servicing Agreement files an action against Weststar, Weststar shall be fully released
and discharged from all obligations imposed upon it in this Agreement, except for claims arising from Weststar’s gross negligence.
In the event a suit is brought by or against Weststar, the parties to this loan servicing agreement jointly and severally agree to pay
Weststar all costs, expenses and reasonable attorney’s fees which it may expend or incur in such action.
***Payor Initials: ______ ______ ***Beneficiary Initials: ______ ______
***Payor Initials: ______ ______ ***Beneficiary Initials: ______ ______