Asset agreed to be sold. If some or all of the Custodial Documents for a specified Asset have been previously released to us, please release to us any additional Custodial Documents in your possession relating to that Asset. If item 2 is checked, upon our return, as appropriate, of the Custodial Documents to you as Custodian, please acknowledge your receipt by signing in the space indicated below, and returning this form. If (prior to the PMN Satisfaction/Defeasance Date) item 2 is checked, the Custodial Documents shall be released to the custody of the undersigned attorney (the "Temporary Bailee") representing the Company or the Manager with respect to the foreclosure, modification, restructure, acceptance of a deed in lieu or in relation to the litigation prompting the required deliver. By execution below the Temporary Xxxxxx agrees and acknowledges that (i) the Custodian holds possession of the Note and the other Custodial Documents for the PMN Agent's Exhibit Il-l C.\OC/RAOC Venture 20!! .J Structured Transaction Ex!JJb"' to Custod.ol and Pay,tg Agency Agreement Version 3 l ,, EXECUTION \'~RS!ON http:Custod.ol benefit pursuant to Section 9-313(c) of the NY UCC (or the analogous provision under the Unifonn Commercial Code as adopted in any other relevant jurisdiction), (ii) the Company has pledged the Custodial Documents to the PMN Agent and the PMN Agent has a first priority, perfected and exclusive lien on and security interest in such Custodial Documents, (iii) this letter constitutes notice of such lien and security interest, and that for all purposes, including, without limitation, for the purposes of Section 9-313(c) of the NY UCC (or the analogous provision under the Uniform Commercial Code as adopted in any other relevant jurisdiction), the Temporary Bailee is holding and shall continue to hold the Note and the other Custodial Documents on hehalf of, as agent for, and as bailee of, the PMN Agent, as a secured party and (iv) it will return the Note and the other Custodial Documents via overnight carrier to the Custodian as promptly as is practicable. "EXECUTION VFRSION ------------------------ CADC/RADC Venture 2011-l, LLC, as the Company By: Acorn Loan Portfolio Private 0\vner VJ, LLC, a Delaware limited liability company, its Manager By: Acorn Loan Acquisitions Venture VI, LP., its managing member By: ________________________ Name: Title: Authorized Signatory By:Nam_c_:__________________________ Title: Authorized Signatory [INSERT NAME OF LAW FlRM], as Temporary Bailee...
Asset agreed to be sold. If some or all of the Custodial Documents for a specified Asset have been previously released to us, please release to us any additional Custodial Documents in your possession relating to that Asset. If item 2 is checked, upon our return, as appropriate, of the Custodial Documents to you as Custodian, please acknowledge your receipt by signing in the space indicated below, and returning this form. ------ 2011-SIP-2 Venture, LLC, By: SIP PO, LLC, as Manager By: MREP III 2011-2 ADC Venture LLC, as Manager By: Mariner Real Estate Partners III, LLC, as Manager By: Mariner Real Estate Management, LLC, as Manager By:__________ Name: Xxxx Xxxxxxxxx Title: Chief Legal Officer Acknowledged: Xxxxx Fargo Bank, N.A., as the Custodian By: __________________ Name: Title: Exhibit H-2 2011-SIP-2 Structured Transaction Exhibits to the Custodial and Paying Agency Agreement Version 3.1 EXECUTION VERSION -------- EXHIBIT I REQUEST FOR RELEASE AND RECEIPT OF PRIVATE OWNER PLEDGED ACCOUNT CONTROL AGREEMENT To: Xxxxx Fargo Bank, N.A., as Paying Agent 0000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, XX 00000 Attn: Client Services Manager Re: Custodial and Paying Agency Agreement, dated as of January 11, 2012, by and among 2011-SIP-2 Venture, LLC, as the Company, SIP PO, LLC, as the Private Owner, the Federal Deposit Insurance Corporation in its capacity as the Receiver, as the Initial Member, and Xxxxx Fargo Bank, N.A., as the Custodian and Paying Agent ("Custodial and Paying Agency Agreement"). In connection with the administration of the Private Owner Pledged Account Control Agreement held by you as the Paying Agent pursuant to the Custodial and Paying Agency Agreement, we request the release, and acknowledge and certify receipt of, the Private Owner Pledged Account Control Agreement. Federal Deposit Insurance Corporation in its capacity of Receiver for The Bank of Xxxxxxx, as Initial Member By: ____________________________ Name: Title: Exhibit I-1 2011-SIP-2 Structured Transaction Exhibits to the Custodial and Paying Agency Agreement Version 3.1 EXECUTION VERSION EXHIBIT J FEES AND EXPENSES OF CUSTODIAN AND PAYING AGENT J-120 11-SIP-2 Structured Transaction Exhibits to the Custodial and Paying Agency Agreement Version 3.1 EXECUTION VERSION EXHIBITK CUSTODIAN AND PAYING AGENT REPORT For Due Period Ending [insert date] TOTAL FUNDS FOR DISTRIBUTION $ Distributions: To Custodian and Paying Agent Custodian and Paying Agent Fees and Expenses To Verification Contractor Verification Contractor Payme...
