Common use of Certificate Insurer Clause in Contracts

Certificate Insurer. The Trustee shall maintain possession of the related Mortgage Notes in the State of California unless otherwise permitted by the Rating Agencies. In connection with the Closing Date, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor and the Class A-2 Certificate Insurer an Initial Certification prior to the Closing Date, or, as the Depositor agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage Loan. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after the Closing Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F are in its possession, and shall deliver to the Depositor and the Class A-2 Certificate Insurer a Document Certification and Exception Report, in the form annexed hereto as Exhibit F, to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (7) and (9) of the Mortgage Loan Schedule and items (1), (9) and (17) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the Servicer from time to time.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I MRT Ps THR CRT Ser 2003 Nc1), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2003 Nc2), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2003 Nc2)

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Certificate Insurer. The Trustee shall maintain possession of the related Mortgage Notes in the State of California unless otherwise permitted by the Rating Agencies. In connection with the Closing Date, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor Depositor, the Servicer and the Class A-2 Certificate Insurer an Initial Certification prior to the Closing Date, or, as the Depositor agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage Loan. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after the Closing Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F are in its possession, and shall deliver to the Depositor Depositor, the Servicer and the Class A-2 Certificate Insurer a Document Certification and Exception Report, in the form annexed hereto as Exhibit F, to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (7) and (9) of the Mortgage Loan Schedule and items (1), (9) and (17) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the Servicer from time to time. The Responsible Party shall deliver to the Servicer copies of all trailing documents required to be included in the Custodial File at the same time the original or certified copies thereof are delivered to the Trustee, including but not limited to such documents as the title insurance policy and any other Mortgage Loan documents upon return from the public recording office. The documents shall be delivered by the Responsible Party at the Responsible Party's expense to the Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Mort Ps-THR Cer Ser 2003-Nc5)

Certificate Insurer. The Trustee shall acknowledges that it will maintain possession of the related Mortgage Notes in the State of California New York, unless otherwise permitted by the Rating Agencies. In connection with Prior to and as a condition to the Closing DateClosing, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor Depositor, the Servicer and the Class A-2 A-1 Certificate Insurer an Initial Certification prior to the Closing Date, or, or as the Depositor agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage Loan. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after On the Closing Date, the Trustee shall ascertain that whether all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F required to be reviewed by it are in its possession, and shall deliver to the Depositor Depositor, the Servicer and the Class A-2 A-1 Certificate Insurer an Initial Certification, in the form annexed hereto as Exhibit E, and shall deliver to the Depositor, the Servicer and the Class A-1 Certificate Insurer a Document Certification and Exception Report, in the form annexed hereto as Exhibit F, within 90 days after the Closing Date to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (7) and (9) 8) of the Mortgage Loan Schedule and items (1), (92) and (1710) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the Servicer from time to time. The Responsible Party shall deliver (or the Depositor, as applicable, shall use reasonable efforts to cause the Original Mortgage Loan Sellers or the Purchaser, as applicable, to deliver) to the Servicer copies of all trailing documents required to be included in the Custodial File at the same time the original or certified copies thereof are delivered to the Trustee, including but not limited to such documents as the title insurance policy and any other Mortgage Loan documents upon return from the public recording office. The documents shall be delivered by the Responsible Party at the Responsible Party's expense (or the Depositor, as applicable, shall use reasonable efforts to cause the Original Mortgage Loan Sellers or the Purchaser, as applicable, to deliver at the Original Mortgage Loan Sellers' expense pursuant to the Original Mortgage Loan Seller Agreements or the Purchaser's expense pursuant to the Sale and Warranties Agreement) to the Servicer and in no event shall the Servicer be responsible for such expense.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea)

Certificate Insurer. The Trustee shall maintain possession of the related Mortgage Notes in the State of California unless otherwise permitted by the Rating Agencies. In connection with the Closing Date, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor and the Class A-2 Certificate Insurer an Initial Certification prior to the Closing Date, or, as the Depositor agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage Loan. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after the Closing Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F required to be delivered to it are in its possession, and shall deliver to the Depositor and the Class A-2 Certificate Insurer a Document Certification and Exception Report, in the form annexed hereto as Exhibit F, to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by delivered to it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (7) and (9) of the Mortgage Loan Schedule and items (1), (9) and (17) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the Servicer from time to time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Nc5)

Certificate Insurer. The Upon approval of such opinion by the Certificate Insurer, the Master Servicer will not be required to record the related Assignments of Mortgages. All Assignments of Mortgages shall be delivered to the Trustee shall maintain possession in recordable form at the time of closing, and in such states where no opinion is so rendered, or is rendered and is deemed to be unacceptable to the Certificate Insurer, recording of such Assignments of Mortgages will be required. Notwithstanding the preceding provisions allowing for nonrecordation of Assignments of Mortgage in certain states, if an Event of Default has occurred as to a party other than the Certificate Insurer as provided in Article 5 of the related Insurance Agreement, or an event set forth in Section 8.20 of the Pooling and Servicing Agreement has occurred, the Master Servicer shall be required to record all Assignments of Mortgage Notes in those states where an opinion has not been previously delivered and approved. Notwithstanding anything to the contrary contained in this Section 3.05, in those instances where the public recording office retains the original Mortgage, the assignment of a Mortgage or the intervening assignments of the Mortgage after it has been recorded, the Depositor shall be deemed to have satisfied its obligations hereunder upon delivery to the Trustee of a copy of such Mortgage, such assignment or assignments of Mortgage certified by the public recording office to be a true copy of the recorded original thereof. The Depositor hereby appoints the Trustee its attorney-in-fact for the purpose of, and with full power in, preparing, executing and recording, on its behalf, all assignments of Mortgages in the State event that the Depositor fails to do so on a timely basis. Copies of California unless otherwise permitted all Mortgage assignments received by the Rating Agencies. In connection with the Closing Date, the Trustee shall be required to deliver via facsimile (with original to follow retained in the next Business Day) to the Depositor and the Class A-2 Certificate Insurer an Initial Certification prior to the Closing Date, or, as the Depositor agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage Loan. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial related File. Within 90 days after All recording required pursuant to this Section 3.05 shall be accomplished at the Closing Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F are in its possession, and shall deliver to the Depositor and the Class A-2 Certificate Insurer a Document Certification and Exception Report, in the form annexed hereto as Exhibit F, to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (7) and (9) expense of the Mortgage Loan Schedule and items (1), (9) and (17) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the Servicer from time to timeMaster Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc)

Certificate Insurer. The Trustee shall acknowledges that it will maintain possession of the related Mortgage Notes in the State of California unless otherwise permitted by the Rating Agencies. In connection with Prior to and as a condition to the Closing DateClosing, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor Depositor, each Servicer and the Class A-2 A-1 Certificate Insurer an Initial Certification prior to the Closing Date, or, or as the Depositor agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage LoanLoan with any exceptions thereon. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after On the Closing Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F required to be reviewed by it are in its possession, and shall deliver to the Depositor Depositor, each Servicer and the Class A-2 A-1 Certificate Insurer a an Initial Certification, in the form annexed hereto as Exhibit E, and shall deliver to the Depositor, each Servicer and the Class A-1 Certificate Insurer Document Certification and Exception Report, in the form annexed hereto as Exhibit F, within 90 days after the Closing Date to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (7) and (913) of the Mortgage Loan Schedule and items (1), (92) and (1713) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Each Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the such Servicer from time to time. Ameriquest shall deliver (or the Depositor, as applicable, shall use reasonable efforts to cause First NLC to deliver) to the applicable Servicer copies of all trailing documents required to be included in the Custodial File at the same time the original or certified copies thereof are delivered to the Trustee, including but not limited to such documents as the title insurance policy and any other Mortgage Loan documents upon return from the public recording office. The documents shall be delivered by Ameriquest at Ameriquest's expense (or the Depositor, as applicable, shall use reasonable efforts to cause First NLC to deliver at First NLC's expense pursuant to the First NLC Agreements) to the applicable Servicer and in no event shall such Servicer be responsible for such expense.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp. Gsamp Trust 2004-He2)

Certificate Insurer. The Trustee shall acknowledges that it will maintain possession of the related Mortgage Notes in the State of California California, unless otherwise permitted by the Rating Agencies. In connection with Prior to and as a condition to the Closing Date, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor Depositor, the Servicer and the Class A-2 A-1 Certificate Insurer an Initial Certification prior to the Closing Date, or, or as the Depositor agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage LoanLoan with any exceptions thereon. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after On the Closing Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F required to be reviewed by it are in its possession, and shall deliver to the Depositor Depositor, the Servicer and the Class A-2 A-1 Certificate Insurer an Initial Certification, in the form annexed hereto as Exhibit E, and shall deliver to the Depositor, the Servicer and the Class A-1 Certificate Insurer a Document Certification and Exception Report, in the form annexed hereto as Exhibit F, within 90 days after the Closing Date to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (73), (6) (solely with respect to the original months to maturity), (8) (solely as of origination, not as of the Cut-off Date) and (913) of the Mortgage Loan Schedule and items (1), (92), (3), (6) (solely with respect to the original months to maturity), (8) (solely as of origination, not as of the Cut-off Date) and (1713) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the Servicer from time to time. The Responsible Party shall deliver to the Servicer copies of all trailing documents required to be included in the Custodial File at the same time the original or certified copies thereof are delivered to the Trustee, including but not limited to such documents as the title insurance policy and any other Mortgage Loan documents upon return from the public recording office. The documents shall be delivered by the Responsible Party at the Responsible Party's expense to the Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp. Gsaa Home Equity Trust 2004-9)

Certificate Insurer. The Trustee shall acknowledges that it will maintain possession of the related Mortgage Notes in the State of California Texas, unless otherwise permitted by the Rating Agencies. In connection with Prior to and as a condition to the Closing DateClosing, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor and the Class A-2 A-1 Certificate Insurer an Initial Certification prior to the Closing Date, or, or as the Depositor and the Class A-1 Certificate Insurer agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage Loan. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after On the Closing Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F required to be delivered to it are in its possession, possession and shall deliver to the Depositor and the Class A-2 A-1 Certificate Insurer an Initial Certification, in the form annexed hereto as Exhibit E, and shall deliver to the Depositor a Document Certification and Exception Report, in the form annexed hereto as Exhibit F, within 90 days after the Closing Date to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by delivered to it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (74), (8), (9), (10), (11) and (912) of the Mortgage Loan Schedule and items (1), (9) and (17) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The applicable Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the that Servicer from time to time. The Trustee shall enforce the obligation of the Responsible Parties to cure or repurchase Mortgage Loans for which there is a document defect in accordance with the applicable Sale and Servicing Agreement.

Appears in 1 contract

Samples: Trust Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Sea2)

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Certificate Insurer. The Trustee shall maintain possession If the Servicer elects to terminate the Trust Fund pursuant to clause (a) of the related Mortgage Notes in the State of California unless otherwise permitted by the Rating Agencies. In connection with the Closing DateSection 9.01, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) at least 20 days prior to the Depositor and date the Notice of Final Distribution is to be mailed to the affected Certificateholders the Servicer shall notify the Depositor, the Class A-2 Certificate Insurer an Initial Certification prior and the Trustee of the date the Servicer intends to terminate the Closing DateTrust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. A Notice of Final Distribution, orspecifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, as shall be given promptly by the Depositor agrees to, Trustee by letter to Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the Closing DateCertificates will be made upon presentation and surrender of Certificates at the office therein designated, certifying receipt (b) the amount of a Mortgage Note such final distribution, (c) the location of the office or agency at which such presentation and Assignment surrender must be made, and (d) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of Mortgage for each Mortgage Loanthe Certificates at the office therein specified. The Trustee shall not be responsible will give such Notice of Final Distribution to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after the Closing Date, the Trustee shall ascertain that all documents identified in the Document Certification each Rating Agency and Exception Report in the form attached hereto as Exhibit F are in its possession, and shall deliver to the Depositor and the Class A-2 Certificate Insurer at the time such Notice of Final Distribution is given to Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Document Certification Request for Release therefor, the Trustee shall promptly release to the Servicer the Custodial Files for the Mortgage Loans. Upon presentation and Exception Reportsurrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class, in each case on the form annexed hereto as Exhibit Ffinal Distribution Date and in the order set forth in Section 4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the effect thatsame Class, up to an amount equal to (i) as to each Mortgage Loan listed Class of Regular Certificates (except the Class X Certificate), the Certificate Balance thereof plus for each such Class and the Class X Certificate accrued interest thereon in the Mortgage Loan Schedule case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as an exception and not covered by such certification): the amounts retained to meet claims) after application pursuant to clause (i) all documents identified above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the Document Certification above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and Exception Report and required to be reviewed by it are in its possession; (ii) such documents receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documentssurrendered for cancellation, the information set forth in items (1)Trustee may take appropriate steps, (2)or may appoint an agent to take appropriate steps, (7) to contact the remaining Certificateholders concerning surrender of their Certificates, and (9) the cost thereof shall be paid out of the Mortgage Loan Schedule funds and items (1), (9) and (17) other assets which remain a part of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this AgreementTrust Fund. The Trustee If within one year after the second notice all Certificates shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereofhave been surrendered for cancellation, the originals of such Class R Certificateholders shall be entitled to all unclaimed funds and other documents or instruments constituting the Custodial File as come into the possession assets of the Servicer from time to timeTrust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Am3)

Certificate Insurer. The Trustee shall maintain possession of the related Mortgage Notes in the State of California unless otherwise permitted by the Rating Agencies. In connection with the Closing Dateeach Delivery, the Trustee Custodian shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor Depositor, the Trustee, the Securities Administrator, the Unaffiliated Seller, the Servicers and the Class A-2 A-1 Certificate Insurer an Initial Certification on or prior to the Closing Date, or, as the Depositor agrees to, on the Closing related Delivery Date, certifying receipt of a the related Mortgage Note Notes and Assignment Assignments of Mortgage for each related Mortgage Loan. The Trustee Custodian shall not be responsible to verify for verifying the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 120 days after the Closing related Delivery Date, the Trustee Custodian shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F required to be reviewed by it are in its possession, and shall deliver to the Depositor Depositor, the Unaffiliated Seller, the Servicers, the Trustee, the Securities Administrator and the Class A-2 A-1 Certificate Insurer a Document Final Certification and Exception Report, in the form annexed hereto as Exhibit F, to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (7) and (918) of the Mortgage Loan Schedule and items (1), (9) and (17) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement; and (v) upon receipt of the screen printouts specified in Section 2.01, with respect to each MERS Designated Loan, the Trustee, on behalf of the Trust Fund, is listed as the Investor of such MERS Designated Loan on the MERS System. The Trustee Custodian shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Upon receipt of such Final Certification, if the Depositor, the Unaffiliated Seller or the Class A-1 Certificate Insurer determines that any noncompliance identified by the Custodian is a breach of a representation or warranty relating to such Mortgage Loan, such party shall give written notice to the Trustee and the Securities Administrator thereof. The Trustee Custodian shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Each Servicer shall promptly deliver to the TrusteeCustodian, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the applicable Servicer from time to time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Certificate Insurer. The Trustee shall maintain possession of the related Mortgage Notes in the State of California unless otherwise permitted by the Rating Agencies. In connection with the Closing Dateeach Delivery, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor Depositor, the Unaffiliated Seller, the Servicer and the Class A-2 A-1 Certificate Insurer an Initial Certification on or prior to the Closing Date, or, as the Depositor agrees to, on the Closing related Delivery Date, certifying receipt of a the related Mortgage Note Notes and Assignment Assignments of Mortgage for each related Mortgage Loan. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 120 days after the Closing related Delivery Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F required to be reviewed by it are in its possession, and shall deliver to the Depositor Depositor, the Unaffiliated Seller, the Servicer and the Class A-2 A-1 Certificate Insurer a Document Final Certification and Exception Report, in the form annexed hereto as Exhibit F, to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by delivered to it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1), (2), (7) and (918) of the Mortgage Loan Schedule and items (1), (9) and (17) of the Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Upon receipt of such Final Certification, if the Depositor, the Unaffiliated Seller or the Class A-1 Certificate Insurer determines that any noncompliance identified by the Trustee is a breach of a representation or warranty relating to such Mortgage Loan, such party shall give written notice to the Trustee thereof. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the Servicer from time to time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Pass THR Cert Ser 2003-He1)

Certificate Insurer. The Trustee shall acknowledges that it will maintain possession of the related Mortgage Notes in the State of California California, unless otherwise permitted by the Rating Agencies. In connection with the Closing each Delivery Date, the Trustee shall be required to deliver via facsimile (with original to follow the next Business Day) to the Depositor and the Class A-2 Certificate Insurer an Initial Certification prior to the Closing Date, or, as the Depositor agrees to, on the Closing such Delivery Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage Loan. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. Within 90 days after the Closing related Delivery Date, the Trustee shall ascertain that all documents identified in the Document Certification and Exception Report in the form attached hereto as Exhibit F required to be delivered to it are in its possession, and shall deliver to the Depositor and the Class A-2 Certificate Insurer a Document Certification and Exception Report, in the form annexed hereto as Exhibit F, Report to the effect that, as to each 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 an exception and not covered by such certification): (i) all documents identified in the Document Certification and Exception Report and required to be reviewed by delivered to it are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; (iii) based on its examination and only as to the foregoing documents, the information set forth in items (1)) solely with respect to the Mortgage Loan number, (2), (7) and (9) of the Mortgage Loan Schedule and items (12), (913) and (1724) of the Originator Data Tape Information respecting such Mortgage Loan is correct; and (iv) each Mortgage Note has been endorsed as provided in Section 2.01 of this Agreement. The Trustee shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. The Trustee shall retain possession and custody of each Custodial File in accordance with and subject to the terms and conditions set forth herein. The Servicer shall promptly deliver to the Trustee, upon the execution or receipt thereof, the originals of such other documents or instruments constituting the Custodial File as come into the possession of the Servicer from time to time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Am3)

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