Appointment as Custodian; Acknowledgment of Receipt. The Issuer appoints the Trust Custodian to act as its agent, custodian, and bailee to accept delivery of the items transferred to it under the Sale and Servicing Agreement and to hold them for the Issuer, and deliver any of them to the Indenture Trustee as called for under the Indenture. The Indenture Trustee appoints the Indenture Custodian to act as its agent, custodian, and bailee to maintain custody of the Mortgage Files for the Indenture Trustee for the benefit of the Noteholders and the Credit Enhancer. Treasury Bank, National Association accepts both of these appointments. The Trust Custodian will maintain custody of the items transferred to it under the Sale and Servicing Agreement that are not delivered to the Indenture Trustee subject to instructions from the Issuer. The Indenture Custodian will maintain continuous custody of the Mortgage Files at its office identified in Section 3 until (i) the Indenture Trustee delivers to the Indenture Custodian an Officer's Certificate to the effect that the conditions for the release of Collateral have been satisfied or (ii) the conditions specified in Section 4(b) for the release of the Mortgage Files to the Master Servicer have been met. In performing its duties under this Agreement, the Custodian agrees to act with the degree of care and skill consistent with the degree of care and skill that the Custodian exercises with respect to the loan files relating to similar loans owned, serviced, or held as custodian by the Custodian, and the Custodian agrees to follow its customary policies and procedures.
Appointment as Custodian; Acknowledgment of Receipt. (a) Citibank will serve as Mortgage Document Custodian and Mortgage Note Custodian (collectively, Custodian) under the Pooling Agreement. Citibank certifies to the Trustee that Citibank is qualified to serve as Mortgage Document Custodian and Mortgage Note Custodian under the Pooling Agreement. Citibank will act as Custodian solely for the benefit of the Trustee and the certificate holders.
(b) CMSI has delivered to Citibank, as Custodian, the Mortgage Files, including the Mortgage Notes referred to in section 2.1 of the Pooling Agreement. Citibank acknowledges receipt of the Pooling Agreement and the Mortgage Files. From time to time, CitiMortgage will forward to Citibank additional documents evidencing an assumption or modification of a mortgage loan, and Citibank will hold such documents in the related Mortgage File in accordance with this agreement and the Pooling Agreement.
(c) CitiMortgage will pay the reasonable custodial fees and expenses of Citibank or its successor, including the Trustee if the Trustee holds any Mortgage Files directly as Custodian.
(d) Upon CitiMortgage’s receipt of notice from Citibank or the Trustee that Citibank has breached this agreement or the Pooling Agreement, CitiMortgage will cause Citibank to comply with this agreement and the Pooling Agreement. February 1, 2007 2 Maintenance of office Citibank will maintain the Mortgage Files, at the office of Citibank located at Citibank, N.A., 5280 Corporate Drive, M/C 0005, Frederick, Md. 21703, or at such other office of Citibank as it designates by 30 days' prior written notice to the Trustee and CMSI.
Appointment as Custodian; Acknowledgment of Receipt. The Issuer appoints the Trust Custodian to act as its agent, custodian, and bailee to accept delivery of the items transferred to it under the Sale and Servicing Agreement and to hold them for the Issuer, and deliver any of them to the Indenture Trustee as called for under the
Appointment as Custodian; Acknowledgment of Receipt. Subject to the terms and conditions herein, the Trustee hereby appoints the Custodian, and the Custodian hereby accepts such appointment, as its Custodian to maintain custody of the Trustee's Mortgage Files. The Custodian hereby acknowledges receipt of the Mortgage Notes, the Mortgages, the assignments and other documents relating to the Mortgage Loans referred to in Section 2.04, except for the items referred to in Section 2.04(d)(ii), of the Pooling Agreement. The Trustee shall be liable for all of the Custodian's fees under this Agreement.
Appointment as Custodian; Acknowledgment of Receipt. Subject to the terms and conditions herein, the Trustee hereby appoints the Custodian, and the Custodian hereby accepts such appointment, as its Custodian to maintain custody of the Trustee's Loan Files. The Custodian hereby acknowledges receipt of the Notes, the Mortgages, the assignments and other documents relating to the Loans referred to in Section 2.04, except for the items referred to in Section 2.04(d)(ii), of the Sale and Servicing Agreement. The Trustee shall be liable for all of the Custodian's fees under this Agreement.
Appointment as Custodian; Acknowledgment of Receipt. (a) Citibank will serve as Mortgage Note Custodian (Custodian) under the Pooling Agreement. Citibank certifies to the Trustee that Citibank is qualified to serve as Mortgage Note Custodian under the Pooling Agreement. Citibank will act as Custodian solely for the benefit of the Trustee and the certificate holders.
(b) CMSI has delivered to Citibank, as Custodian, the mortgage notes required to be delivered to the Mortgage Note Custodian under section 2.1 of the Pooling Agreement. Citibank acknowledges receipt of the Pooling Agreement and the mortgage notes.
(c) CitiMortgage will pay the reasonable custodial fees and expenses of Citibank or its successor, including the Trustee if the Trustee holds any mortgage documents directly as Custodian.
(d) Upon CitiMortgage’s receipt of notice from Citibank or the Trustee that Citibank has breached this agreement or the Pooling Agreement, CitiMortgage will cause Citibank to comply with this agreement and the Pooling Agreement. Mortgage Note Custodial Agreement July 1, 2007 Citibank will maintain the mortgage notes, at the office of Citibank located at Citibank, N.A., 5280 Corporate Drive, M/C 0005, Frederick, Md. 21703, or at such other office of Citibank as it designates by 30 days’ prior written notice to the Trustee and CMSI.
Appointment as Custodian; Acknowledgment of Receipt. Subject to the terms and conditions herein, the Co-Trustee hereby appoints the Custodian, and the Custodian hereby accepts such appointment, as its custodian to maintain custody of the Co-Trustee's Mortgage Loan Files relating to the Mortgage Loans. The Custodian hereby acknowledges that it has possession of the Co-Trustee's Mortgage Files relating to the Mortgage Loans, except as noted on the document exception listing previously delivered to The Money Store or to be delivered to The Money Store and the Co-Trustee in accordance with the Pooling Agreement.
Appointment as Custodian; Acknowledgment of Receipt. Subject to the terms and conditions hereof, the Indenture Trustee hereby revocably appoints OCAI, and OCAI hereby accepts such appointment, to act as agent of the Indenture Trustee as Custodian (the "Custodian")to maintain custody of the Contract Files relating to the Contracts. In performing its duties hereunder, the Custodian agrees to act with reasonable 3 care, using that degree of skill and attention that the Custodian exercises with respect to the contract files relating to all comparable equipment contracts that the Custodian services for itself or others. The Custodian hereby acknowledges receipt of the Contract File for each Contract listed in the Schedule of Contracts.
Appointment as Custodian; Acknowledgment of Receipt. Subject to the terms and conditions hereof, the Indenture Trustee hereby revocably appoints GreatAmerica, and GreatAmerica hereby accepts such appointment, to act as agent of the Indenture Trustee as Custodian (the "Custodian") to maintain custody of the Contract Files relating to the Contracts. In performing its duties hereunder, the Custodian agrees to act with reasonable care, using that degree of skill and attention that the Custodian exercises with respect to the contract files relating to all comparable equipment contracts that the Custodian services for itself or others. The Custodian hereby acknowledges receipt of the Contract File for each Contract listed in the List of Contracts.
Appointment as Custodian; Acknowledgment of Receipt. Subject to the terms and conditions herein, the Trustee hereby appoints ________________, and ______________ hereby accepts such appointment, as its Custodian to maintain custody of the Trustee's Mortgage Files. __________________ hereby acknowledges receipt of the Mortgage Notes, the Mortgages, the assignments and other documents relating to the Mortgage Loans referred to in Section 2.04, except for the items referred to in Section 2.04(f), of the Pooling Agreement. The Trustee shall be liable for all of _______________________ fees under this Agreement.
