Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Home Equity Securitization Corp), Pooling and Servicing Agreement (Residential Asset Funding Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate InsurerBack-up Servicer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment acknowledgement of receipt of of, in the Certificate Insurance Policies form attached as Exhibit S hereto, and, on or prior to the Closing Date or any Subsequent Transfer Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold or cause the Collateral Agent, on its behalf to hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the TrusteeTrustee or the Collateral Agent on its behalf, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee Collateral Agent agrees, for the benefit of the Certificateholders and the Certificate InsurerCertificateholders, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days thirty (30) days after the Closing Date or, (with respect to the Initial Mortgage Loans), within thirty (30) days after receipt by the Collateral Agent, on behalf of the Trustee, thereof (with respect to Qualified Substitute Mortgage Loans) or any Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date as applicable, and to deliver to the Unaffiliated Seller, the Servicer, the Depositor Back-up Servicer and the Certificate Insurer Depositor a certification in the form attached hereto as Exhibit F to J (the effect "Initial Certification") certifying that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and unless otherwise noted, (i) all documents required to be delivered to it pursuant to Section 2.3 2.05 hereof and (other than the Purchase and Sale Agreement items listed in clause (a)(v) thereof) are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Collateral Agent, on behalf of the Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Abfs Mort Loan Trust 2002-4 Mort Pass Thru Cert Ser 2002-4)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date and on each Subsequent Transfer Date an acknowledgment of receipt of (or if a Custodian has been appointed, a receipt by the Certificate Insurance Policies andCustodian) of, with respect for each Mortgage Loan transferred and assigned to each initial Mortgage Loanthe Trustee on such date, the original Mortgage Note items listed in Section 2.04 (with any exceptions noted)a) through (f) above, in the form attached as Exhibit E hereto F, and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the TrusteeTrustee or the Custodian, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold Custodian (such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee Custodian being so obligated under a Custodial Agreement) agrees, for the benefit of the Certificateholders and the Certificate InsurerCertificateholders, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days days after the Closing Date (or, with respect to any Subsequent Mortgage LoansLoan or Qualified Substitute Mortgage Loan, within 45 days after the Subsequent Transfer Date receipt by the Trustee or Custodian thereof) and to deliver to the SellerDepositor, the Servicer, the Depositor Servicer and the Certificate Insurer a certification in the form attached hereto as Exhibit F F-1 to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification)) and except as noted therein, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale this Agreement are in its possessionpossession or in the possession of the Custodian on its behalf (other than items listed in Section 2.04(f) above), (ii) each such document has any and all documents delivered by the Depositor pursuant to Section 2.04 above have been reviewed by it, has been, to it or the extent required, executed Custodian on its behalf and has have not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face ) and relates relate to such Mortgage Loan, (iii) based on its examination, or the examination of the Custodian on its behalf, and only as to the foregoing documents, the information set forth on the related Mortgage Loan Schedule accurately reflects the information set forth in the Trustee's Mortgage File and (iv) each Mortgage Note has been endorsed as provided in Section 2.04 above. The Trustee or Custodian shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of Within 375 days after the Closing Date, the Trustee shall deliver (or cause to be delivereddelivered by the Custodian, if any) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to covering both the effect that, as to each Initial Mortgage Loan Loans and all Subsequent Mortgage Loan listed in Loans evidencing the completeness of the Trustee's Mortgage Loan Schedule Files (other than any Mortgage Loan paid items listed in full Section 2.04(f) above). Following delivery of the Final Certification, the Trustee shall (or any Mortgage Loan specifically identified in such certification as not covered by such certification)cause the Custodian to) provide to the Certificate Insurer, the Depositor and the Servicer no less frequently than quarterly, and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, Servicer shall provide to the extent requiredCertificate Insurer, executed and has not no less frequently than quarterly, updated certifications indicating the then current status of exceptions, until all such exceptions have been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loaneliminated.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Superior Bank FSB), Pooling and Servicing Agreement (Superior Bank FSB)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee Trustee, agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy, in a form attached as Exhibit G hereto, and, on or prior to the Closing Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E Q hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee Collateral Agent agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days thirty (30) days after the Closing Date orDate, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Unaffiliated Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F I to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and 2.05 (other than the Purchase and Sale Agreement items listed in clause (a)(v) thereof) are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date with respect to the Initial Mortgage Loans, and on each Subsequent Transfer Date with respect to the related Subsequent Mortgage Loans, an acknowledgment of receipt of the Certificate Insurance Policies andof, with respect to for each initial Mortgage Loan, the original an Assignment of Mortgage Note (with any exceptions noted)or certified copy thereof, and a Mortgage Note, in the form attached as Exhibit E hereto F hereto, and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of the Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees, for the benefit of the Certificateholders and the Certificate InsurerCertificateholders, to review (or cause to be reviewed) each Trustee's Mortgage File relating to the Initial Mortgage Loans delivered to it within 45 Business Days 60 days after the Closing Date and each Trustee's Mortgage File relating to the Subsequent Mortgage Loans delivered to it within 60 days after the related Subsequent Transfer Date (or, with respect to Subsequent any Qualified Substitute Mortgage LoansLoan, within 45 days after the Subsequent Transfer Date and assignment thereof) and, on each such date, to deliver to the SellerRepresentative, the Servicer, the Depositor Servicer and the Certificate Insurer a certification in the form attached hereto as Exhibit F F-1 to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), with such exceptions, if any, as identified therein (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale this Agreement are in its possessionpossession (other than items listed in Section 2.04(d)(ii)), (ii) each such document has documents (other than items listed in Section 2.04(d)(ii)) have been reviewed by it, has been, to the extent required, executed it and has have not been mutilated, damaged, torn or otherwise physically altered and relate to such Mortgage Loan, (handwritten additionsiii) based on its examination and only as to the foregoing documents, changes the information set forth on the Mortgage Loan Schedule accurately reflects the information set forth in the Trustee's Mortgage File, and (iv) each Mortgage Note has been endorsed as provided in Section 2.04 of this Agreement. Further, for each Mortgage Loan with an original principal balance in excess of $15,000 for which the documents in the possession of the Trustee indicate that the related Originator conducted a drive-by appraisal pursuant to FHLMC Form 704 or corrections alternative FNMA Form in connection with originating such Mortgage Loan, the Trustee shall verify whether the Trustee's Mortgage File shows that such Mortgage Loan, (A) had an original principal balance not constitute physical alteration if initialed in excess of $35,000, and (B) has a Loan-to Value Ratio less than 50% (based solely on the LTV included on the Mortgage Loan Schedule) and/or an appraisal on FNMA/FHLMC Form 1004 was performed by the Mortgagor), appears regular on its face and relates related Originator within one year prior to the origination of such Mortgage Loan. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of Within 375 days after the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the SellerRepresentative, the Depositor and the Certificate Insurer and any Certificateholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit G to evidencing, if such be the effect thatcase, as to each the completeness of the Trustee's Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule Files (other than any Mortgage Loan paid items listed in full or any Mortgage Loan specifically identified in such certification as not covered by such certificationSection 2.04(d)(ii), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 2 contracts
Samples: Sub Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Home Equity Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositorhereby acknowledges receipt of, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to for each initial Mortgage Loan, the original Mortgage Note items listed in Section 2.04 (with any exceptions noteda), in the form attached as Exhibit E hereto (b), (c), (g) and (h) and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trusteeit in trust, as Trustee in trust upon and subject to the conditions set forth herein in this Agreement for the benefit of the Certificateholders and the Certificate Insurer, as their interests may appear. The Trustee agrees to shall execute and deliver to on the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Closing Date an acknowledgement initial certification of receipt by it or by the Custodian on its behalf, for each Mortgage Loan of original Mortgage Note with respect to each Subsequent Mortgage Loanthe items listed in Section 2.04(a), (b), (c), (g) and (h), in the form attached as Exhibit E hereto hereto, and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trusteeit in trust, as Trustee in trust and subject to the conditions extent set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agreesherein, for the benefit of the Certificateholders and the Certificate Insurer, as their interests may appear. The Trustee agrees to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days days after the Closing Date (or, with respect to Subsequent any Qualified Substitute Mortgage LoansLoan, within 45 days after the Subsequent Transfer Date receipt thereof by the Custodian) and to deliver to the SellerRepresentative, the ServicerDepositors, the Depositor Servicer and the Certificate Insurer a an interim certification in the form attached hereto as Exhibit F F-1 on or before such date to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale this Agreement are in its possessionpossession (other than those described in Section 2.04(a)(ii) and 2.04(f)), (ii) each such document has documents have been reviewed by it, has been, to the extent required, executed it and has have not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if properly initialed by the Mortgagor), appears regular on its face ) and relates relate to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule (other than items (i), (iv) and (x) of the definition of Mortgage Loan Schedule) accurately reflects the information set forth in the Mortgage File. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of Within 375 days after the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Depositors and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to F-2 evidencing the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in completeness of the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage LoanFiles.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp), Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1998-3)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee Trustee, agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy, in a form attached as Exhibit G hereto, and, on or prior to the Closing Date or any Subsequent Transfer Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E Q hereto and declares that it will hold or cause the Collateral Agent, on its behalf to hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the TrusteeTrustee or the Collateral Agent on its behalf, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee Collateral Agent agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days thirty (30) days after the Closing Date or, (with respect to the Initial Mortgage Loans), within thirty (30) days after receipt by the Collateral Agent, on behalf of the Trustee, thereof (with respect to Qualified Substitute Mortgage Loans) or any Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date as applicable, and to deliver to the Unaffiliated Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F I to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and 2.05 (other than the Purchase and Sale Agreement items listed in clause (a)(v) thereof) are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Collateral Agent, on behalf of the Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate InsurerBack-up Servicer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment acknowledgement of receipt of of, in the Certificate Insurance Policies andform attached as Exhibit S hereto, with respect to the Mortgage Loan Pool transferred on such date, each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold or cause the Collateral Agent, on its behalf to hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the TrusteeTrustee or the Collateral Agent on its behalf, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee Collateral Agent agrees, for the benefit of the Certificateholders and the Certificate InsurerCertificateholders, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days thirty (30) days after the Closing Date or, (with respect to Subsequent the Mortgage Loans), within thirty (30) days after receipt by the Subsequent Transfer Date Collateral Agent, on behalf of the Trustee, thereof (with respect to Qualified Substitute Mortgage Loans), as applicable, and to deliver to the Unaffiliated Seller, the Servicer, the Depositor Back-up Servicer and the Certificate Insurer Depositor a certification in the form attached hereto as Exhibit F to J (the effect "Initial Certification") certifying that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and unless otherwise noted, (i) all documents required to be delivered to it pursuant to Section 2.3 2.05 hereof and (other than the Purchase and Sale Agreement items listed in clause (a)(v) thereof) are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Collateral Agent, on behalf of the Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Abfs Mort Ln Tr 2002-3)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees hereby acknowledges receipt of the Trust Fund, and declares that it will hold the Mortgage Loans, as well as any other assets delivered to execute it in trust, upon and deliver subject to the Depositorconditions set forth in this Agreement for the benefit of the Certificateholders, the Trustee as holder of the REMIC I Regular Interests, REMIC II Regular Interests, REMIC III Regular Interests and REMIC IV Regular Interests, and the Certificate Insurer, the Servicer as their interests may appear. The Trustee shall execute and the Seller deliver on or prior to the Closing Date an acknowledgment initial certification of receipt by it or by the Custodian on its behalf, for each Mortgage Loan of the Certificate Insurance Policies anditems listed in SECTION 2.04(A), with respect to each initial Mortgage Loan(B), the original Mortgage Note (with any exceptions notedC), (G) AND (H), in the form attached as Exhibit EXHIBIT E hereto (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trusteeit in trust, as Trustee in trust upon and subject to the conditions extent set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agreesherein, for the benefit of the Certificateholders Certificateholders, the Trustee as holder of the REMIC I Regular Interests, REMIC II Regular Interests, REMIC III Regular Interests and REMIC IV Regular Interests, and the Certificate Insurer, as their interests may appear. The Trustee agrees to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days days after the Closing Date (or, with respect to Subsequent any Qualified Substitute Mortgage LoansLoan, within 45 days after the Subsequent Transfer Date receipt thereof by the Custodian) and to deliver to the SellerRepresentative, the ServicerDepositors, the Depositor Servicer and the Certificate Insurer a an interim certification in the form attached hereto as Exhibit F EXHIBIT F-1 on or before such date to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale this Agreement are in its possessionpossession (other than those described in SECTION 2.04(A)(II) AND 2.04(F)), (ii) each such document has documents have been reviewed by it, has been, to the extent required, executed it and has have not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if properly initialed by the Mortgagor), appears regular on its face ) and relates relate to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule (other than items (i), (iv) and (x) of the definition of Mortgage Loan Schedule) accurately reflects the information set forth in the Mortgage File. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of Within 375 days after the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Depositors and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to EXHIBIT F-2 evidencing the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in completeness of the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage LoanFiles.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-3)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Master Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgement of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E D hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees, for the benefit of the Certificateholders and the Certificate InsurerCertificateholders, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, (with respect to the Initial Mortgage Loans) or related Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date and to deliver to the Seller, the Servicer, the Depositor Master Servicer and the Certificate Insurer Company a certification in the form attached hereto as Exhibit F E to the effect that, as to each Initial Mortgage Loan or Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan or Subsequent Mortgage Loan paid in full or any Mortgage Loan or Subsequent Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan or Subsequent Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date. The Trustee makes no representations as to and shall not be under no duty responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization, recordability or obligation to inspectgenuineness of any of the documents contained in each Mortgage File or of any of the Mortgage Loans or Subsequent Mortgage Loans or (ii) the collectability, review insurability, effectiveness or examine suitability of any such documents, instruments, certificates Mortgage Loan or other papers to determine that they are genuine, enforceable, or appropriate for Subsequent Mortgage Loan. Within 90 days following the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, related Subsequent Transfer Date the Trustee shall deliver (or cause to be delivered) to the Master Servicer, the Seller, the Depositor Seller and the Certificate Insurer Company a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the related Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 30 days after the Closing Date or, (with respect to Subsequent the Initial Mortgage Loans, the Subsequent Transfer Date ) and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver deliver, or cause to be executed and delivered, to the Depositor, [the Certificate Insurer, ,] the Servicer and the Seller [on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, ,] with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgment of receipt of the original Mortgage Note (with any exceptions noted), and, subject to the review provided for in this Section, its receipt of the Mortgage Files in substantially the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee (or the Custodian on behalf of the Trustee), as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders [and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer]. The Trustee agrees, for the benefit of the Certificateholders [and the Certificate Insurer], to review (review, or cause to be reviewed) , each Trustee's Mortgage File within 45 [45] Business Days after the Closing Date or, (with respect to Subsequent the Mortgage Loans), the Subsequent Transfer Date and to deliver or cause to be delivered to the Seller, the Servicer, Servicer and the Depositor [and the Certificate Insurer Insurer] a certification of the Trustee or the Custodian on behalf of the Trustee substantially in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possessionpossession and that the Mortgage Notes have been endorsed as provided in Section 2.03, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Schedule of Mortgage Loans accurately reflects the information set forth in the Mortgage File with respect to the Servicer's loan number, maturity date, original principal balance, first payment date and original term to maturity. The Trustee makes no representations as to and shall not be under no duty responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization, recordability or obligation to inspectgenuineness of any of the documents contained in each Mortgage File or of any of the Mortgage Loans or (ii) the collectability, review insurability, effectiveness or examine suitability of any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their faceMortgage Loan. On or prior to the first anniversary of Within [180] days after the Closing Date, the Trustee shall deliver (or cause to be delivered) delivered to the Servicer, the Seller, Seller and the Depositor [and the Certificate Insurer Insurer] a final certification of the Trustee or the Custodian substantially in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possessionpossession and that the Mortgage Notes have been endorsed as provided in Section 2.03, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule accurately reflects the information set forth in the Mortgage File with respect to the Servicer's loan number, maturity date, original principal balance, first payment date and original term to maturity.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Finance America Securities LLC)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date with respect to the Initial Mortgage Loans, and on each Subsequent Transfer Date with respect to the related Subsequent Mortgage Loans, an acknowledgment of receipt of the Certificate Insurance Policies Policy (provided it has been delivered to the Trustee as contemplated herein) and, with respect to each initial Initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File relating to the Initial Mortgage Loans within 45 Business Days 30 days after the Closing Date or, (and with respect to the Subsequent Mortgage Loans, within 30 days of the related Subsequent Transfer Date Date) and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification and except as otherwise noted in such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.5 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The Trustee shall be under no duty or obligation , and (iii) based on its examination and only as to inspect, review or examine any such the foregoing documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be information set forth on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted the information set forth in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession), (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face (v) and relates to such Mortgage Loan.(vi) of the definition of "
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Master Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgement of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date orDate, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Seller, the Master Servicer, the Depositor Company and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date. The Trustee makes no representations as to and shall not be under no duty responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization, recordability or obligation to inspectgenuineness of any of the documents contained in each Mortgage File or of any of the Mortgage Loans or (ii) the collectability, review insurability, effectiveness or examine suitability of any such documentsMortgage Loan. By December 27, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date1997, the Trustee shall deliver (or cause to be delivered) to the Master Servicer, the Seller, the Depositor Company and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the related Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 30 days after the Closing Date or, (with respect to Subsequent the Initial Mortgage Loans, the Subsequent Transfer Date ) and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing DateBy December 31, 1996, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Servicer Servicer, the Certificate Administrator and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgment of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 __ Business Days after the Closing Date or, (with respect to Subsequent the Mortgage Loans), the Subsequent Transfer Date and to deliver to the Seller, the Servicer, the Depositor Company, the Certificate Administrator and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.01 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date. The Trustee makes no representations as to and shall not be under no duty responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization, recordability or obligation to inspectverify genuineness of any of the documents contained in each Mortgage File or of any of the Mortgage Loans or (ii) the collectability, review insurability, effectiveness or examine suitability of any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their faceMortgage Loan. On or prior to the first anniversary of the Closing DateBy [DATE], the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Company and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i1) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.01 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn xxx or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xx) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Manhattan Acceptance Corp /De/)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositorhereby acknowledges receipt of, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to for each initial Mortgage Loan, the original Mortgage Note items listed in SECTION 2.04 (with any exceptions notedA), in the form attached as Exhibit E hereto (B), (C), (G) AND (H) and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trusteeit in trust, as Trustee in trust upon and subject to the conditions set forth herein in this Agreement for the benefit of the Certificateholders Certificateholders, the Trustee as holder of the Lower-Tier Regular Interests and Upper-Tier Regular Interests, and the Certificate Insurer, as their interests may appear. The Trustee agrees to shall execute and deliver to on the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Closing Date an acknowledgement initial certification of receipt by it or by the Custodian on its behalf, for each Mortgage Loan of original Mortgage Note with respect to each Subsequent Mortgage Loanthe items listed in SECTION 2.04(A), (B), (C), (G) AND (H), in the form attached as Exhibit EXHIBIT E hereto hereto, and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trusteeit in trust, as Trustee in trust and subject to the conditions extent set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agreesherein, for the benefit of the Certificateholders Certificateholders, the Trustee as holder of the Lower-Tier Regular Interests and Upper-Tier Regular Interests, and the Certificate Insurer, as their interests may appear. The Trustee agrees to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days days after the Closing Date (or, with respect to Subsequent any Qualified Substitute Mortgage LoansLoan, within 45 days after the Subsequent Transfer Date receipt thereof by the Custodian) and to deliver to the SellerRepresentative, the ServicerDepositors, the Depositor Servicer and the Certificate Insurer a an interim certification in the form attached hereto as Exhibit F EXHIBIT F-1 on or before such date to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale this Agreement are in its possessionpossession (other than those described in SECTION 2.04(A)(II) AND 2.04(F)), (ii) each such document has documents have been reviewed by it, has been, to the extent required, executed it and has have not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if properly initialed by the Mortgagor), appears regular on its face ) and relates relate to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule (other than items (i), (iv) and (x) of the definition of Mortgage Loan Schedule) accurately reflects the information set forth in the Mortgage File. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of Within 375 days after the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Depositors and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to EXHIBIT F-2 evidencing the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in completeness of the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage LoanFiles.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-1)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, on or prior to the Closing Date or any Subsequent Transfer Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 30 days after the Closing Date or, (with respect to the Initial Mortgage Loans) or any Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date as applicable, and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary Within 90 days of the Closing Date, with respect to the Initial Mortgage Loans, and within 90 days of any Subsequent Transfer Date, with respect to the Subsequent Mortgage Loans transferred on such date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Depositor, the Rating Agencies and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Master Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage LoanLoan sold to the Trust Fund on the Closing Date, on or prior to the Closing Date, an acknowledgement of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, (with respect to Subsequent each Initial Mortgage Loans, the Loan) or related Subsequent Transfer Date (with respect to each Subsequent Mortgage Loan) and to deliver to the Seller, the Master Servicer, the Depositor Company and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan or Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan or Subsequent Mortgage Loan paid in full or any Mortgage Loan or Subsequent Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan or Subsequent Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date. The Trustee makes no representations as to and shall not be under no duty responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization, recordability or obligation to inspectgenuineness of any of the documents contained in each Mortgage File or of any of the Mortgage Loans or Subsequent Mortgage Loans or (ii) the collectability, review insurability, effectiveness or examine suitability of any such documentsMortgage Loan or Subsequent Mortgage Loan. By March 27, instruments, certificates or other papers to determine that they are genuine, enforceable1998, or appropriate for within 90 days following the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing related Subsequent Transfer Date, if later, the Trustee shall deliver (or cause to be delivered) to the Master Servicer, the Seller, the Depositor Company and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and or Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan or Subsequent Mortgage Loan paid in full or any Mortgage Loan or Subsequent Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan or Subsequent Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Master Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage LoanLoan sold to the Trust Fund on the Closing Date, on or prior to the Closing Date, an acknowledgement of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Seller, the Master Servicer, the Depositor Company and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v), (vi), (x), (xi) and (xiii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date. The Trustee makes no representations as to and shall not be under no duty responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization, recordability or obligation to inspectgenuineness of any of the documents contained in each Mortgage File or of any of the Mortgage Loans or (ii) the collectability, review insurability, effectiveness or examine suitability of any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their faceMortgage Loan. On or prior to the first anniversary of Within 90 days following the Closing Date, Date the Trustee shall deliver (or cause to be delivered) to the Master Servicer, the Seller, the Depositor Seller and the Certificate Insurer Company a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v), (vi), (x), (xi) and (xiii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, on or prior to the Closing Date or any Subsequent Transfer Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 30 days after the Closing Date or, (with respect to the Initial Mortgage Loans) or any Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date as applicable, and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior By December 29, 1997, with respect to the first anniversary Initial Mortgage Loans, and within 90 days of any Subsequent Transfer Date, with respect to the Closing DateSubsequent Mortgage Loans transferred on such date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Depositor, the Rating Agencies and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, on or prior to the Closing Date or any Subsequent Transfer Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 30 days after the Closing Date or, (with respect to the Initial Mortgage Loans) or any Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date as applicable, and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior By June 30, 1997, with respect to the first anniversary Initial Mortgage Loans, and within 90 days of any Subsequent Transfer Date, with respect to the Closing DateSubsequent Mortgage Loans transferred on such date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Depositor, the Rating Agencies and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, on or prior to the Closing Date or any Subsequent Transfer Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 30 days after the Closing Date or, (with respect to the Initial Mortgage Loans) or any Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date as applicable, and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior By June 12, 1998, with respect to the first anniversary Initial Mortgage Loans, and within 90 days of any Subsequent Transfer Date, with respect to the Closing DateSubsequent Mortgage Loans transferred on such date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Depositor, the Rating Agencies and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) (i) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Servicer and the Asset Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), Policy in the form attached as Exhibit E hereto and declares that it will hold such documents document and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) the Related Documents with respect to each Trustee's Mortgage File Loan within 45 60 Business Days after delivery of such documents to the Closing Date orTrustee pursuant to Section 2.09, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Asset Seller, the Servicer, the Depositor Company and the Certificate Insurer a certification in the form attached hereto as Exhibit F G to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (iA) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.09 are in its possession, (iiB) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The Trustee shall be under no duty or obligation , and (C) based on its examination and only as to inspect, review or examine any such the foregoing documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be information set forth on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted the information set forth in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession), (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and relates to such Mortgage Loan.(xxii) of the definition of "
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Nations Banc Asset Sec Ins Asset Backed Cert Series 1997-1)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Master Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgement of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, or related Subsequent Transfer Date (with respect to Subsequent the Mortgage Loans), the Subsequent Transfer Date and to deliver to the Seller, the Master Servicer, the Depositor Company and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan or Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan or Subsequent Mortgage Loan paid in full or any Mortgage Loan or Subsequent Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.to
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment acknowledgement of receipt of of, in the Certificate Insurance Policies andform attached as Exhibit S hereto, with respect to the Mortgage Loan Pool transferred on such date, each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold or cause the Collateral Agent, on its behalf to hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the TrusteeTrustee or the Collateral Agent on its behalf, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee Collateral Agent agrees, for the benefit of the Certificateholders and the Certificate InsurerCertificateholders, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days thirty (30) days after the Closing Date or, (with respect to Subsequent the Mortgage Loans), within thirty (30) days after receipt by the Subsequent Transfer Date Collateral Agent, on behalf of the Trustee, thereof (with respect to Qualified Substitute Mortgage Loans), as applicable, and to deliver to the Unaffiliated Seller, the Servicer, Servicer and the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to J (the effect "Initial Certification") certifying that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and unless otherwise noted, (i) all documents required to be delivered to it pursuant to Section 2.3 2.05 hereof and (other than the Purchase and Sale Agreement items listed in clause (a)(v) thereof) are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Collateral Agent, on behalf of the Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, Insurer and the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, on or prior to the Closing Date or any Subsequent Transfer Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 30 days after the Closing Date or, (with respect to the Initial Mortgage Loans) or any Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date as applicable, and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary Within 90 days of the Closing Date, with respect to the Initial Mortgage Loans, and within 90 days of any Subsequent Transfer Date, with respect to the Subsequent Mortgage Loans transferred on such date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the SellerDepositor, the Depositor Rating Agencies and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Master Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgement of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, or related Subsequent Transfer Date (with respect to Subsequent the Mortgage Loans), the Subsequent Transfer Date and to deliver to the Seller, the Master Servicer, the Depositor Company and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan or Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan or Subsequent Mortgage Loan paid in full or any Mortgage Loan or Subsequent Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan or Subsequent Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date. The Trustee makes no representations as to and shall not be under no duty responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization, recordability or obligation to inspectgenuineness of any of the documents contained in each Mortgage File or of any of the Mortgage Loans or Subsequent Mortgage Loans or (ii) the collectability, review insurability, effectiveness or examine suitability of any such documentsMortgage Loan or Subsequent Mortgage Loan. By March 31, instruments, certificates or other papers to determine that they are genuine, enforceable1997, or appropriate for within 90 days following the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing related Subsequent Transfer Date, if later, the Trustee shall deliver (or cause to be delivered) to the Master Servicer, the Seller, the Depositor Company and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and or Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan or Subsequent Mortgage Loan paid in full or any Mortgage Loan or Subsequent Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan or Subsequent Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a). (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment acknowledgement of receipt of of, in the Certificate Insurance Policies andform attached as Exhibit S hereto, with respect to the Mortgage Loan Pool transferred on such date, each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold or cause the Collateral Agent, on its behalf to hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the TrusteeTrustee or the Collateral Agent on its behalf, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee Collateral Agent agrees, for the benefit of the Certificateholders and the Certificate InsurerCertificateholders, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days thirty (30) days after the Closing Date or, (with respect to Subsequent the Mortgage Loans), within thirty (30) days after receipt by the Subsequent Transfer Date Collateral Agent, on behalf of the Trustee, thereof (with respect to Qualified Substitute Mortgage Loans), as applicable, and to deliver to the Unaffiliated Seller, the Servicer, Servicer and the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to J (the effect "Initial Certification") certifying that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and unless otherwise noted, (i) all documents required to be delivered to it pursuant to Section 2.3 2.05 hereof and (other than the Purchase and Sale Agreement items listed in clause (a)(v) thereof) are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Collateral Agent, on behalf of the Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver or cause the Custodian, if any, to the Depositor, the Certificate Insurer, the Servicer execute and the Seller deliver on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to Trustee's Mortgage Loan File for each initial Initial Mortgage Loan, and the original Trustee agrees to execute and deliver or cause the Custodian, if any, to execute and deliver on any Subsequent Transfer Date an acknowledgment of receipt of the Trustee's Mortgage Note (with any exceptions noted)Loan File for each Subsequent Mortgage Loan, in the form attached hereto as Exhibit E EXHIBIT F-1, if the Trustee delivers such acknowledgments and in the form attached hereto and as EXHIBIT F-2, if the Custodian delivers such acknowledgment. The Trustee declares that it will hold or cause the Custodian to hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust trust, upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees, for the benefit of the Certificateholders and the Certificate InsurerCertificateholders, to review (or cause to be reviewed) each Trustee's Mortgage Loan File within 45 Business Days days after the Closing Date (or, with respect to any Qualified Substitute Mortgage Loan or Subsequent Mortgage LoansLoan, within 45 days after the Subsequent Transfer Date receipt by the Trustee thereof) and to deliver or cause the Custodian to deliver to the SellerTransferor, the ServicerDepositor, the Depositor Certificate Insurer, the Servicer and the Certificate Insurer Standby Servicer a certification in the form attached hereto as Exhibit F EXHIBIT G-1, if prepared by the Trustee, or EXHIBIT G-2, if prepared by the Custodian, to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it the Trustee pursuant to Section 2.3 hereof and the Purchase and Sale this Agreement are in its possessionpossession or in the possession of the Custodian on its behalf (other than as expressly permitted by SECTION 2.05(A)(II) OR 2.05(C), (ii) each such document has all documents delivered by the Depositor and the Transferor pursuant to SECTION 2.05 have been reviewed by it, has been, to the extent required, executed Trustee or the Custodian on its behalf and has have not been mutilated, damaged, torn mutilated or otherwise physically altered damaged and appear regular on their face (handwritten additions, changes or corrections shall not constitute physical alteration irregularities if initialed by the Mortgagor), appears regular on its face Obligor) and relates relate to such Mortgage Loan, (iii) based on the Trustee's examination, or the examination of the Custodian on its behalf, and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule accurately reflects the information set forth in the Trustee's Mortgage Loan File and (iv) each Note has been endorsed as provided in SECTION 2.05. The Trustee shall be under no duty or obligation (i) to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On face or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to determine whether any Trustee's Mortgage Loan File should include any of the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagordocuments specified in SECTION 2.05(A)(V), appears regular on its face and relates to such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Remodelers Investment Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the DepositorCompany, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgment of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, (with respect to Subsequent the Mortgage Loans), the Subsequent Transfer Date and to deliver to the Seller, the Servicer, the Depositor Company and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The Trustee shall be under no duty or obligation , and (iii) based on its examination and only as to inspect, review or examine any such the foregoing documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be information set forth on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule as to the information set forth in (other than any i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan paid Schedule" set forth herein accurately reflects the information set forth in full or any the Mortgage Loan specifically identified in File delivered on such certification as not covered by such certification), and date. The Trustee makes no representations as to any document noted in an exception included in the Trustee's initial certification, and shall not be responsible to verify (i) all the validity, legality, enforceability, sufficiency, due authorization, recordability or genuineness of any of the documents required to be delivered to it pursuant to Section 2.3 hereof and contained in each Mortgage File or of any of the Purchase and Sale Agreement are in its possession, Mortgage Loans or (ii) each such document has been reviewed by itthe collectability, has beeninsurability, to the extent required, executed and has not been mutilated, damaged, torn effectiveness or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to suitability of any such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Nations Asset Securities Inc)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the related Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, (with respect to Subsequent the Mortgage Loans, the Subsequent Transfer Date ) and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed initialled by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Master Servicer and the Seller Originator on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, for each Mortgage Loan, the items listed in Section 2.02 (a)-(e) above with respect to each initial Mortgage Loan, the original Mortgage Note Loan (with any exceptions noted), in the form attached as Exhibit E hereto E-1 hereto, and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 15 days after the Closing Date (or, with respect to Subsequent any Qualified Substitute Mortgage LoansLoan, within 15 days after the Subsequent Transfer Date receipt by the Trustee thereof) and to deliver to the SellerOriginator, the Master Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F E-2 to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale this Agreement are in its possessionpossession (other than those described in Section 2.02(f)), (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the related Mortgage Loan Schedule (described in items (ii), (iii), (v), (vii), (ix) and (xii) of the definition of Mortgage Loan Schedule) accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of Within 360 days after the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Master Servicer, the SellerOriginator, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to E-3 evidencing the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in completeness of the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage LoanFiles.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee Trustee, agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, on or prior to the Closing Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E G hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days thirty (30) days after the Closing Date orDate, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Unaffiliated Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and 2.05 (other than the Purchase and Sale Agreement items listed in clause (a)(v) thereof) are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Master Servicer and the Seller Originator on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgment of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, (with respect to Subsequent the Mortgage Loans), the Subsequent Transfer Date and to deliver to the SellerOriginator, the Master Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date. The Trustee makes no representations as to and shall not be under no duty responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization, recordability or obligation to inspectgenuineness of any of the documents contained in each Mortgage File or of any of the Mortgage Loans or (ii) the collectability, review insurability, effectiveness or examine suitability of any such documentsMortgage Loan. By _________, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date199_, the Trustee shall deliver (or cause to be delivered) to the Master Servicer, the SellerOriginator, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v), (vi), (x), (xi), (xiii), (xiv), (xv), (xx) and (xxii) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Mortgage File delivered on such date.
Appears in 1 contract
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee Trustee, agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, on or prior to the Closing Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E G hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee Collateral Agent agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days thirty (30) days after the Closing Date orDate, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Unaffiliated Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F I to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and 2.05 (other than the Purchase and Sale Agreement items listed in clause (a)(v) thereof) are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, with respect to each initial Mortgage Loan, on or prior to the Closing Date, an acknowledgment of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, (with respect to Subsequent the Mortgage Loans), the Subsequent Transfer Date and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.03 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (iiii) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular based on its face and relates to such Mortgage Loan.its
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositorhereby acknowledges receipt of, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to for each initial Mortgage Loan, the original Mortgage Note items listed in Section 2.04 (with any exceptions noteda), in the form attached as Exhibit E hereto (b), (c), (g) and (h) and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trusteeit in trust, as Trustee in trust upon and subject to the conditions set forth herein in this Agreement for the benefit of the Certificateholders and the Certificate InsurerCertificateholders. The Trustee agrees to shall execute and deliver to on the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Closing Date an acknowledgement initial certification of receipt by it or by the Custodian on its behalf, for each Mortgage Loan of original Mortgage Note with respect to each Subsequent Mortgage Loanthe items listed in Section 2.04(a), (b), (c), (g) and (h), in the form attached as Exhibit E hereto hereto, and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trusteeit in trust, as Trustee in trust and subject to the conditions extent set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agreesherein, for the benefit of the Certificateholders and the Certificate Insurer, Certificateholders. The Trustee agrees to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days days after the Closing Date (or, with respect to Subsequent any Qualified Substitute Mortgage LoansLoan, within 45 days after the Subsequent Transfer Date receipt thereof by the Custodian) and to deliver to the SellerRepresentative, the ServicerDepositors, the Depositor Servicer and the Certificate Insurer a an interim certification in the form attached hereto as Exhibit F F-1 on or before such date to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale this Agreement are in its possessionpossession (other than those described in Section 2.04(a)(ii) and 2.04(f)), (ii) each such document has documents have been reviewed by it, has been, to the extent required, executed it and has have not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed properly initialled by the Mortgagor), appears regular on its face ) and relates relate to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule (other than items (i), (iv) and (x) of the definition of Mortgage Loan Schedule) accurately reflects the information set forth in the Mortgage File. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary of Within 375 days after the Closing Date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Seller, the Depositor Depositors and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to F- 2 evidencing the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in completeness of the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage LoanFiles.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Unaffiliated Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies Policy and, on or prior to the Closing Date or any Subsequent Transfer Date, with respect to each initial Mortgage LoanLoan transferred on such date, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days 30 days after the Closing Date or, (with respect to the Initial Mortgage Loans) or any Subsequent Transfer Date (with respect to the Subsequent Mortgage Loans), the Subsequent Transfer Date as applicable, and to deliver to the Unaffiliated Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule as to the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certificates or other papers to determine that they are genuine, enforceable, or appropriate for the represented purpose or that they are other than what they purport to be on their face. On or prior to the first anniversary Within 90 days of the Closing Date, with respect to the Initial Mortgage Loans, and within 90 days of any Subsequent Transfer Date, with respect to the Subsequent Mortgage Loans transferred on such date, the Trustee shall deliver (or cause to be delivered) to the Servicer, the Unaffiliated Seller, the Depositor Depositor, the Rating Agencies and the Certificate Insurer a final certification in the form attached hereto as Exhibit G to the effect that, as to each Mortgage Loan and Subsequent Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), and as to any document noted in an exception included in the Trustee's initial certification, (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement 2.05 are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed it and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth in (i), (ii), (v) and (vi) of the definition of "Mortgage Loan Schedule" set forth herein accurately reflects the information set forth in the Trustee's Mortgage File delivered on such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)