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.
Appears in 21 contracts
Samples: Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-N), Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-L), Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-E)
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 a division of Countrywide Bank, N.A. 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.
Appears in 8 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-A), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-I), Indenture (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-F)
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 a division of Countrywide Bank, F.S.B. 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.
Appears in 4 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-C), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-B), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-C)
Appointment as Custodian; Acknowledgment of Receipt. The Issuer appoints (a) Subject to the Trust Custodian to act as its agentterms and conditions herein, custodianBank One is hereby appointed, and bailee to accept delivery of Bank One hereby accepts such appointment, as 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 Mortgage Document Custodian to act as its agent, custodian, and bailee to maintain custody of the Mortgage Files, including the Mortgage Notes and the Co-op Documents, for and on behalf of the Trustee in accordance herewith and the terms of the Pooling Agreement. CMSI has delivered to Bank One, as Custodian, the Mortgage Files, including the Mortgage Notes and Co-op Documents referred to in Section 2.01 of the Pooling Agreement. Bank One hereby acknowledges receipt of the Mortgage Files, including the Mortgage Documents referred to and required to be delivered with respect to each Mortgage Loan pursuant to Section 2.01 of the Pooling Agreement. From time to time, CMSI, as Servicer, shall forward to Bank One additional documents evidencing an assumption or modification of a Mortgage Loan and such documents shall be held by Bank One in the related Mortgage File in accordance with the terms of the Agreement and the Pooling Agreement.
(b) Bank One hereby certifies to the Trustee that Bank One is qualified to serve as Mortgage Document Custodian and Mortgage Note Custodian under the Pooling Agreement. CMSI hereby agrees to pay the reasonable custodial fees and expenses of Bank One or its successor, including the Trustee if the Trustee shall henceforth hold any of the Mortgage Files for directly as custodian. Upon receipt of notice from Bank One or the Indenture Trustee to the effect that Bank One has failed to hold, release and otherwise perform with respect to the Mortgage Files as required by the terms of this Agreement, CMSI shall take such steps as may be required to cause Bank One to be in compliance with the terms hereof and the Pooling Agreement.
(c) Notwithstanding anything to the contrary in this Agreement, the parties hereto acknowledge and agree that Bank One shall act as Mortgage Document Custodian and as Mortgage Note Custodian hereunder and under the Pooling Agreement solely for the benefit of the Noteholders Trustee 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 proceduresCertificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc)
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 EnhancerSecured Parties. Treasury Bank, National Association a division of Countrywide Bank, N.A. 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.
Appears in 1 contract
Samples: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-F)
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 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.
Appears in 1 contract
Samples: Indenture (CWHEQ, Inc.)
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 BankTREASURY BANK, National Association A DIVISION OF COUNTRYWIDE BANK, N.A. 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.
Appears in 1 contract
Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-G)