Freddie Mac Single-Family Seller/Servicer Guide 1101.2 — Legal effect of the Guide and other Purchase Documents

This section contains requirements related to: ■ Status of the Guide as a contract ■ Reliance upon the advice of counsel ■ Assignments; security interests ■ Freddie Mac and Seller/Servicer notice exchange ■ Severability ■ Defined terms ■ Construction of the Guide ■ Entire agreement ■ Governing law ■ Copyright ■ Headings and design features

(a) Status of the Guide as a contract (i) Effect of the Guide and other Purchase Documents The Guide governs the business relationship between a Seller/Servicer and Freddie Mac relating to the sale of Mortgages to, and Servicing of such Mortgages for, Freddie Mac. Each Seller/Servicer must complete and submit an Annual Certification Report (as described in Section 2101.10) that certifies that the Seller/Servicer has access to the Guide and complies with all requirements of the Purchase Documents. In connection with the sale of a Mortgage or pool of Mortgages to Freddie Mac, the Seller/Servicer: ■ Agrees that each transaction is governed by the Guide, the applicable Purchase Contract and all other Purchase Documents, and ■ Makes all appliable representations and warranties to, and agreements and covenants with, Freddie Mac as set forth in the Purchase Documents Regardless of the Servicing option selected upon a sale of Mortgages to Freddie Mac, a Seller/Servicer agrees to service all such Mortgages that the Seller/Servicer has sold to Freddie Mac in accordance with the requirements set forth in the Seller/Servicer’s Purchase Documents. As set forth in Section 7101.1(b) and the applicable Transfer of Servicing agreement, each Transferee Servicer agrees to service all Mortgages related to a Transfer of Servicing in accordance with the requirements set forth in the Transferee Servicer’s Purchase Documents. All of a Seller/Servicer’s obligations to service Mortgages for Freddie Mac constitute, and must be performed pursuant to, the Servicing Contract, and the Servicing obligations assumed pursuant to any contract to sell Mortgages to Freddie Mac are merged into and must be performed pursuant to such Servicing Contract. Upon the Settlement Date of the sale of a Mortgage (or group of Mortgages) to Freddie Mac, or the Effective Date of Transfer of any Transfer of Servicing, the Seller/Servicer or Transferee Servicer agrees that the Servicing Contract and related Servicing Contracts Rights that are the subject of a Concurrent or Subsequent Transfer of Servicing, as well as any proceeds to be paid to the Seller/Servicer as Transferor Servicer for such Transfer of Servicing, are subject to the Lien as defined in Section 1101.2(c). A Seller/Servicer acknowledges that Freddie Mac’s agreement to purchase Mortgages from the Seller/Servicer pursuant to any individual Purchase Contract is based upon the Seller/Servicer’s agreement that the Mortgages purchased will be serviced by such Seller/Servicer pursuant to the Servicing Contract, which Servicing Contract and related Servicing Contract Rights may be assigned to another Servicer pursuant to a Transfer of Servicing, subject to obtaining Freddie Mac’s prior written approval as set forth in Chapter 7101. The following summarizes the legal and accounting treatment of Servicing Contract Rights, including their non-ownership and implications for contract breaches with Freddie Mac: ■ Under no circumstance does a Seller/Servicer retain any legal ownership of the Servicing Contract or any related Servicing Contract Rights ■ Freddie Mac acknowledges that a Seller/Servicer may recognize Servicing Contract Rights as assets on its balance sheet in the form of “mortgage servicing rights” in accordance with generally accepted accounting principles (GAAP); however, such recognition as under GAAP does not confer to a Seller/Servicer any legal ownership interest in any Servicing Contract Rights ■ The Seller/Servicer agrees that any failure to service any Mortgage in accordance with the terms of the Servicing Contract, or any breach of any of the Seller/Servicer’s obligations under any aspect of the Servicing Contract, shall be deemed to constitute a breach of the entire contract and shall entitle Freddie Mac to terminate all or a portion of the Servicing Contract and any related Servicing Contract Rights ■ The termination of a portion of the Servicing Contract shall not alter the unitary, indivisible nature of the Servicing Contract If a Servicer that services Mortgages for Freddie Mac is not also the Seller of the Mortgages to Freddie Mac, the Servicer must agree to service Mortgages for Freddie Mac by separate agreement (e.g., Form 960, Agreement for Concurrent Transfer of Servicing of Single-Family Mortgages, or Electronic Agreement for Subsequent Transfer of Servicing of Single-Family Mortgages (STOS Agreement)), which incorporates the applicable Purchase Documents. In such case, the separate agreement shall be deemed to be one of the “Purchase Documents” that constitute the Servicing Contract. In addition, in certain cases, a Seller and/or Servicer who uses certain Freddie Mac services will, by virtue of the provisions of the Guide, be deemed to have agreed upon certain terms and conditions related to such services and their use. (ii) Amendments to the Guide Freddie Mac may, in its sole discretion, amend or supplement the Guide from time to time. Amendments to the Guide may be a paper Record or an Electronic Record, as those terms are defined in Chapter 1401. The Guide may not be amended orally. Freddie Mac may amend the Guide by: ■ Publishing Bulletins (applicable to all Sellers/Servicers), or ■ Entering into a Purchase Contract or other written or Electronic agreement applicable only to the Seller/Servicer that is a party to the Purchase Contract or agreement Bulletins expressly amend, supplement, revise or terminate specific provisions of the Guide. An amendment, supplement, revision or termination of a provision in the Guide is effective as of the date specified by Freddie Mac in the applicable Bulletin. A Purchase Contract or other written agreement or Electronic agreement amends or supplements specific provisions of the Guide for purposes of such Purchase Contract or other agreement, as applicable. Such amendments or supplements to the Guide are effective as of the date specified in the Purchase Contract or other agreement. Refer to the following Guide provisions for additional information related to amendments to the Guide: Other Guide provisions related to amendments to the Guide Guide provision Guide location Seller’s Purchase Contracts and Purchase Documents Section 1501.1(b)(iv) Servicer agreements Section 1301.4(c) Freddie Mac rights Section 9102.1(f) (iii)Publication of Guide and Bulletins The Guide is posted on the AllRegs® website of ICE Mortgage Technology, Inc., which operates the AllRegs brand (“AllRegs”) and which posts the Guide under license from and with the express permission of Freddie Mac. AllRegs is the exclusive third-party electronic publisher of the Guide. Seller/Servicers also can access the Guide on the AllRegs website by using the link on FreddieMac.com. Freddie Mac makes no representation or warranty regarding availability, features or functionality of the AllRegs website. By using the website, Seller/Servicers acknowledge and agree (individually and on behalf of the entity for which they access the Guide) that neither Freddie Mac nor AllRegs shall be liable to them (or the entity for which they access the Guide) for: ■ Any Claims whatsoever resulting directly or indirectly from Freddie Mac’s designation of the Guide as found on the AllRegs website as the official Electronic version, as an Electronic Record ■ The results to be obtained by Seller/Servicers (and the entity for which Seller/Servicers access the Guide) from use of the AllRegs website ■ Any damages arising directly or indirectly out of the use of the AllRegs website by them (and the entity for which they access the Guide) Seller/Servicers may use the Guide in structured or data-driven formats (including, without limitation, application programming interfaces, JavaScript Object Notation, Microsoft® Excel, artificial intelligence, machine learning tools or other technological capabilities) to support their internal business processes. Notwithstanding such use, Seller/Servicers remain responsible for compliance with the official Guide as published on AllRegs. Freddie Mac disclaims all liability associated with such use by Seller/Servicers, and Seller/Servicers agree that Freddie Mac shall have no liability arising from such use by Seller/Servicers. Bulletins are published on AllRegs and FreddieMac.com. A Seller/Servicer with an AllRegs subscription may receive notice of Bulletins directly from AllRegs. If a Seller/Servicer does not receive notice of Bulletins through AllRegs, the Seller/Servicer must take the steps necessary to receive the applicable Freddie Mac Single-Family Update e-mails, which will notify the Seller/Servicer of Bulletin publications. Seller/Servicers who do not engage with Single-Family Update e-mails—by opening or clicking any content—at least once every six months will be removed from the subscriber list and must re-engage, which could include opening an e-mail, clicking a link within an e-mail or navigating to the Single-Family subscription center to update preferences to resume receiving notifications. Note: A Seller/Servicer’s failure to take the appropriate steps to receive notices of Bulletins does not relieve the Seller/Servicer of its legal obligations to comply with the terms of the Bulletins. (iv) Effective date The effective date of each section of the Guide is located at the beginning of each section, to the right of the section number and name.

(b) Reliance upon the advice of counsel By entering into a Purchase Contract or into the Servicing Contract with Freddie Mac (e.g., in connection with the sale of Mortgages to Freddie Mac or a Concurrent or Subsequent Transfer of Servicing), the Seller/Servicer acknowledges that: ■ It is not relying upon Freddie Mac or any employee, agent or representative thereof, in making its decision to enter into the contract, and ■ It has relied upon the advice and counsel of its own employees, agents and representatives as to the regulatory, business, corporate, tax, accounting and other consequences of entering into and performing its obligations under a Purchase Contract or the Servicing Contract

(c) Assignments; security interests Except as set forth below, for purposes of this subsection (c), the following terms have the prescribed meanings set forth below or in Exhibit 33A, Acknowledgment Agreement Incorporated Provisions, Exhibit 33B, Acknowledgment Agreement (Syndication) Incorporated Provisions, Exhibit 33C, Acknowledgment Agreement (Cashflow) Incorporated Provisions, or Exhibit 33D, Acknowledgment Agreement (Combination) Incorporated Provisions, as applicable, notwithstanding that a Seller/Servicer may not have executed and delivered an Acknowledgment Agreement to Freddie Mac: ■ Acknowledgment Agreement ■ Collateral ■ Conveyance: Means any assignment, sale, hypothecation, pledge or transfer of, or grant of a security interest in, or through any other method that is intended to convey any or all the obligations, rights or interests of a Seller/Servicer, whether in whole or in part, under (or derived from) any Purchase Contract, Servicing Contract or any rights or obligations under the Guide or any of Seller/Servicer’s Purchase Documents or proceeds derived therefrom, to another Person ■ Covered Mortgages ■ Default: Means any misrepresentation or breach of warranty or the failure to observe or perform any covenant or agreement (after the passage of an applicable cure period or the giving of notice to any party, but only to the extent expressly provided in the Guide or any other Purchase Document) in favor of Freddie Mac in the Guide, any other Purchase Document or the Servicing Contract ■ Freddie Mac Collateral: Means all of Seller/Servicer’s right and interest in, to and under all of the following, whether now or hereafter owned, held or acquired and wherever located: ❑ The Servicing Contract, including the Servicing Contract Rights ❑ All books, correspondence, files, data and records, including computer disks and other records or physical or virtual data or information, related to the foregoing (but excluding computer programs); and ❑ All monies due or to become due to Seller/Servicer relating to any of the foregoing, including, but not limited to, all cashflows derived from the foregoing and all proceeds relating to any of the foregoing ■ Financing ■ Financing Documents ■ Lien: Means any lien, pledge, grant, charge, security interest, security title, Mortgage, hypothecation, option or preferential arrangement which has the practical effect of constituting a security interest or encumbrance or servitude of any kind in respect of any interest or asset to secure or assure payment of any indebtedness or other obligations, including any guaranty, whether by consensual agreement or by operation of statute or other law, or by any agreement, contingent or otherwise, to provide any of the foregoing ■ Person ■ Secured Obligations: Means (i) each and every representation, warranty, covenant and agreement of Seller/Servicer set forth in the Guide, any other Purchase Document and the Servicing Contract, and (ii) FRE Claims ■ UCC (i) General prohibition The Servicer shall not suffer, cause or permit a direct or indirect Conveyance without Freddie Mac’s prior express written consent. Any purported or attempted Conveyance without Freddie Mac’s prior written consent is prohibited and shall be null and void. (ii) Servicer request for Freddie Mac’s consent to a Conveyance regarding Financing To request Freddie Mac’s consent to a Conveyance regarding a Financing, a Servicer may send an e-mail to Freddie Mac (see Directory 1) with the following information: 1. Purpose of the Financing 2. Term sheet or draft Financing Documents; and 3. Identification of the Covered Mortgages (e.g., all loans serviced under one or more Seller/Servicer number(s) or a loan list that includes the Freddie Mac loan number, Servicer loan number and Seller/Servicer number for each loan in either CSV format or as an Excel spreadsheet, etc.) Freddie Mac reserves the right to request additional information and documents from the Servicer and its proposed Secured Party (as defined in the Acknowledgment Agreement) concerning the terms and conditions of the Financing. Freddie Mac may require revisions to the Financing Documents and other elements of the Financing as a condition to its consent to the proposed Financing. For an overview of the operational process related to requesting and obtaining Freddie Mac’s consent to a Conveyance regarding Financing, Servicers should review the Process Overview: Financing Freddie Mac Servicing Contract Rights – Process Overview available at https://sf.freddiemac.com/docs/fact-sheet/fre-financing-servicing-contract-rightsprocess-overview-final.pdf (iii) Freddie Mac consent to a Conveyance regarding a Financing Other than a Transfer of Servicing, which requires separate Freddie Mac consent pursuant to Series 7000, or a Seller/Servicer’s grant of security interest to Freddie Mac under Section 1101.2(c)(vi), Freddie Mac will indicate its consent to a Conveyance regarding Financing by executing an Acknowledgment Agreement, which also must be executed by the Servicer and its Secured Party (together with any other parties named therein) in a form and substance acceptable to Freddie Mac. A Servicer’s grant to a Secured Party of a security interest in the Servicing Contract Rights, as more specifically defined in the Acknowledgment Agreement, notwithstanding the date, time, method, manner or order of grant, attachment or perfection of any other liens: ■ Is subject and subordinate in each and every respect to all rights, powers, and prerogatives of Freddie Mac and the first-priority and continuing Lien of Freddie Mac in the Freddie Mac Collateral, and ■ May be made only for a purpose as set forth in Exhibit 33A or Exhibit 33B, as applicable, and any other purpose as specified in the Acknowledgment Agreement Any purported or attempted grant of a security interest in any other rights or interest of the Servicer under the Servicing Contract, or for the purpose of securing any other type of obligation, is prohibited and shall be null and void. In addition, a Servicer’s purported or attempted grant to a lender of a security interest in the Servicing Contract Rights without the Servicer and the lender also having executed an Acknowledgment Agreement acceptable to, and executed by, Freddie Mac is prohibited and shall be null and void. The Collateral encumbered by the Secured Party’s security interest must not include any of the following: ■ Servicing advance reimbursement rights ■ Borrower payments of principal, interest or Escrow Funds ■ The right to perform Servicing ■ The right to designate who may perform the Servicing ■ The right to terminate the Servicer or the Servicing Contract, or ■ The right to transfer any of the Collateral. No Financing transaction shall be construed as a division of the Servicing Contract Rights. A Servicer may make a separate request to Freddie Mac for consent to enter into a financing transaction secured by advance reimbursement rights, defined as an Advance Financing pursuant to Section 9701.5(c) and Exhibit 103, Consent Agreement Incorporated Provisions. In no event shall any Advance Financing be cross-collateralized with any Collateral under any Servicing Contract Rights Financing (as defined in Section 9701.5(c)(iii)). Any Collateral under any Servicing Contract Rights Financing is and will continue to be at all times separate and distinct from any and all collateral under any Advance Financing. (iv) Unauthorized Conveyances Any unauthorized Conveyance constitutes grounds for suspension (to the extent such Secured Party is a Freddie Mac Seller/Servicer) or disqualification of both the Seller/Servicer and the purported Secured Party as Seller/Servicers. In addition, Freddie Mac may exercise any of its other rights under the Purchase Documents. If a Servicer attempts a Conveyance without Freddie Mac’s written consent as set forth in an Acknowledgment Agreement consistent with the requirements of this section and Exhibit 33A or Exhibit 33B, as applicable: ■ Freddie Mac will assess a compensatory fee not to exceed 1% of Freddie Mac’s share of the UPB of the Mortgages that were related to the unauthorized Conveyance ■ The imposition of this compensatory fee does not limit Freddie Mac’s rights to exercise any of its other rights under the Purchase Documents, including, but not limited to, suspension (to the extent such Secured Party is a Freddie Mac Seller/Servicer) or disqualification of both the Seller/Servicer and its purported Secured Party as Seller/Servicers If an unauthorized Conveyance occurs, the Servicer and purported Secured Party, to the extent such Secured Party is a Freddie Mac Seller/Servicer, are jointly and severally liable to Freddie Mac with respect to Claims incurred by Freddie Mac arising out of or related to the unauthorized Conveyance. In the event that the Secured Party involved in an unauthorized Conveyance is not a Freddie Mac Seller/Servicer, Freddie Mac reserves the right to add such Secured Party to the Freddie Mac Exclusionary List per Section 3101.1. (v) Freddie Mac’s rights to assign its rights and interests Freddie Mac has the unconditional right to sell, assign, convey, hypothecate, pledge or in any way transfer, in whole or in part, its rights and interest under the Purchase Documents with respect to any Mortgage it purchases. Freddie Mac has the right to direct the Servicer to send remittances, notices, reports and other communications to any party designated by Freddie Mac and may designate any such party to exercise any and all of Freddie Mac’s rights hereunder. (vi) Seller/Servicers grant of a security interest to Freddie Mac Seller/Servicers grant of a security interest to Freddie Mac are as follows: (a) Grant of security interest: Seller/Servicers hold, and may hold in the future, Servicing Contract Rights related to the Servicing Contract it has entered into, and continues to enter into, with Freddie Mac upon the sale of loans to Freddie Mac and/or in connection with the entry into the Servicing Contract and assumption of the Servicing Contract Rights as a Transferee Servicer in connection with a Transfer of Servicing. These provisions become applicable in the following circumstances: ■ Through a Seller’s sale of loans to Freddie Mac through Loan Selling Advisor® ■ When a Transferee Servicer enters into the Servicing Contract and assumption of the Servicing Contract Rights in connection with a Transfer of Servicing, or ■ By virtue of any Servicer’s continuing Servicing of Mortgages due to their access to any Freddie Mac System (as defined in Section 2401.1(b)) via Freddie Mac Gateway (b) Pledge of Servicing Contract Rights: Seller/Servicer pledges its Servicing Contract Rights and the other Freddie Mac Collateral to Freddie Mac as security for the prompt payment and/or performance by Seller/Servicer of the Secured Obligations. (c) Material inducement to Freddie Mac: Seller/Servicer’s agreement to the provisions of this Section 1101.2(c)(vi) is a material inducement to Freddie Mac permitting or continuing to permit the Seller/Servicer to: ■ Sell Mortgages to Freddie Mac under the Purchase Documents ■ Perform Servicing of the Mortgages pursuant to the Servicing Contract, and ■ Generally conduct business with Freddie Mac

(d) Grant of first-priority Lien: Seller/Servicer pledges, hypothecates, assigns, transfers, sets over and delivers unto Freddie Mac all its right and interest to, and hereby grants to Freddie Mac a first-priority and continuing Lien on, all of Seller/Servicer’s right and interest in, to, and under the Freddie Mac Collateral.

(e) Purpose of the Lien: The Lien created under this Section 1101.2(c)(vi) is granted to Freddie Mac to secure the prompt performance and payment in full of all of the Secured Obligations.

(f) Authorization for UCC Filings: Seller/Servicer authorizes Freddie Mac and its designees, attorneys and agents to file (at Seller/Servicer’s expense, at any time, whether such filing has previously occurred or will occur in the future) and in each jurisdiction deemed necessary or appropriate by Freddie Mac, including without limitation, Seller/Servicer’s State of formation, a financing statement naming Seller/Servicer as debtor and Freddie Mac as secured party and describing the Freddie Mac Collateral, (including amendments and continuation statements) to perfect, protect or more fully evidence Freddie Mac’s first-priority Lien in the Freddie Mac Collateral.

(g) Notice of organizational changes: Seller/Servicer agrees to promptly notify Freddie Mac in writing of any change in: ■ Its legal name ■ Its identity or type of organization or corporate structure ■ The jurisdiction of its organization, or ■ Seller/Servicer’s chief executive office, principal place of business or location of its books and records relating to the Freddie Mac Collateral In each case, in accordance with the time frames set forth in Section 2101.12, Seller/Servicer agrees to promptly pay the expense of such filings as set forth on invoices to be sent to Seller/Servicer from time to time, and, to the extent not paid, the expenses shall become FRE Claims.

(h) Requirement for stand-alone pledge agreement: In furtherance of this Section 1101.2(c) and the further assurances provided by Seller/Servicer to Freddie Mac pursuant to Section 3601.1, and only if specifically requested by Freddie Mac, Seller/Servicer shall execute and deliver to Freddie Mac, within five (5) Business Days of such request, a standalone pledge and security agreement in the form of Exhibit 105, Pledge and Security Agreement, further evidencing the Seller/Servicer’s grant of a Lien to Freddie Mac in the Freddie Mac Collateral, consistent with purposes of this Section 1101.2(c)(vi), and with such State-specific revisions as necessary as to Seller/Servicer’s jurisdiction of its organization. Notwithstanding the foregoing, any executed pledge and security agreement delivered to Freddie Mac, now or in the future, shall remain enforceable in all respects regardless of whether Freddie Mac specifically requested the document or not.

(j) Remedies for Default of this Section 1101.2: Seller/Servicer agrees upon the occurrence of any Default under this Section 1101.2(c)(vi) that is continuing, Freddie Mac, in addition to all other rights and remedies under the Guide and the other Purchase Documents or otherwise, shall have the right to: ■ Require Seller/Servicer to assemble, at Seller/Servicer’s expense, all of the Freddie Mac Collateral in its possession ■ Exercise all rights and remedies provided under applicable law, which rights shall be cumulative and shall be exercised at Freddie Mac’s sole discretion All actual out-of-pocket costs incurred by Freddie Mac in the collection of Seller/Servicer’s obligations pursuant to this Section 1101.2(c)(vi) and the other Purchase Documents, and the enforcement of its rights under this Section 1101.2(c)(vi), including reasonable attorneys’ fees, court costs and other expenses and the reasonable fees and expenses of accountants, investment banks and any other experts reasonably engaged by Freddie Mac to assist it with the enforcement of remedies under this Section 1101.2(c)(vi), shall be paid out of the Freddie Mac Collateral prior to the payment of any other amounts due as provided in this Section 1101.2(c)(vi). Any sale or assignment, as applicable, of the Freddie Mac Collateral pursuant to applicable law shall be conducted in a commercially reasonable manner and in accordance with applicable law. Seller/Servicer acknowledges to the extent notice of sale or assignment, as applicable, shall be required by applicable law, at least ten (10) calendar days’ notice to Seller/Servicer of the time and place of any public sale or assignment, as applicable, or the time after which any private sale or assignment, as applicable, is to be made shall constitute reasonable notice, but notice given in any other reasonable manner or at any other reasonable time shall also constitute reasonable notification. Seller/Servicer agrees that in any sale or assignment, as applicable, of any of the Freddie Mac Collateral, Freddie Mac is hereby authorized to comply with any limitation or restriction in connection with such sale or assignment, as applicable: (A) As it may be advised by counsel is necessary in order to avoid any violation of applicable law, rule or regulation, the Guide, the other Purchase Documents and/or the Servicing Contract, or (B) In order to obtain any required approval of the sale or assignment, as applicable, or of the purchaser or Transferee Servicer by any governmental authority. Such compliance may include, but is not limited to: ■ Compliance with such procedures as may restrict the number of prospective bidders and purchasers or Transferee Servicers ■ Requiring that such prospective bidders and purchasers or Transferee Servicers have certain qualifications, including, but not limited to, that any potential purchaser or Transferee Servicer be an approved Freddie Mac Single-Family Seller/Servicer; and ■ Restricting prospective bidders and purchasers or Transferee Servicers to Persons who will represent and agree that they are purchasing or assuming for their own account for investment and not with a view to the distribution or resale or reassignment of such Freddie Mac Collateral, as applicable The Seller/Servicer further agrees that such compliance shall not result in such sale or assignment, as applicable, being considered or deemed not to have been made in a commercially reasonable manner. Freddie Mac shall not be liable for any sale or assignment, as applicable, private or public, conducted in accordance with this Section 1101.2(c)(vi). All proceeds from each sale or assignment, as applicable, of, or other realization upon, all or any part of the Freddie Mac Collateral following a Default shall be applied to FRE Claims subject to the payment or reimbursement of Freddie Mac’s out-of-pocket costs as set forth above (with Seller/Servicer being liable for any deficiency) with the balance (if any), paid to whomsoever is entitled thereto in accordance with the terms and provisions of this Section 1101.2(c)(vi) and applicable law. Freddie Mac may, in addition to and not in abrogation of the rights set forth in this Section 1101.2(c)(vi) and the Purchase Documents, proceed by a suit or suits in law or in equity or by any other appropriate proceeding or remedy to either: (A) Specifically enforce payment or the performance of any term, covenant, condition or agreement of this Section 1101.2(c)(vi) or any other right, and/or (B) Pursue any other remedy available to it, all as Freddie Mac determines at its sole discretion Seller/Servicer waives any right to require any marshaling of assets and any similar right.