Common use of Custodial Documents Clause in Contracts

Custodial Documents. For each Asset, to the extent applicable, the "Custodial Documents'' shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011-1, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed Bank, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "Pay to the order of , without recourse" and signed by the Company as the last endorsee, or (y) in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F to the Contribution Agreement; (ii) the original, or a copy, of the Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Loan, the Mortgage Assignment to the Company (in the form specified in the Contribution Agreement) signed in the name of the Federal Deposit Insurance Corporation as receiver for the applicable Failed Bank, with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith an officer's certificate of the title company certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same or a true and correct copy of the title policy from the issuing title company; (ix) the originals of all Collateral Documents executed in cmmection with the Asset; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset under the Uniform Commercial Code;

Custodial Documents. For each Asset, to the extent applicableapplicable and available as provided in Section 6.1(e), the "“Custodial Documents'' ” shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011-1“Pay to the order of AmTrust CADC Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F to the Contribution Agreement; (ii) the original, original or a copy, copy of the Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted LoanDesignated Asset, the original Mortgage Assignment to the Company (in the blank for each Asset, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Asset, the original Mortgage Assignment in blank for each Asset, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Asset, the originals or copies of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same or a true and correct copy of the title policy from the issuing title company; (ix) the originals of all Collateral Documents executed in cmmection connection with the Asset, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interest and the stock power executed in blank; and if the equity interests of any Ownership Entity are not certificated, an Assignment of LLC Interest similar in form to Exhibit I of the Contribution Agreement; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; (xiii) solely with respect to each MERS Designated Asset, a MERS Report; (xiv) the REO Collateral Documents; and (xv) such other documents for each Asset as determined by the Company, the Purchase Money Notes Guarantor, the NGPMN Agent, the Collateral Agent or the Advance Lender.

Custodial Documents. For each AssetLoan and Acquired Property, to the extent applicableapplicable and available, the "“Custodial Documents'' ” shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011“Pay to the order of 2010-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011-1CRE Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F to the Contribution AgreementL hereto; (ii) the original, or a copy, of the original Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modificationmodification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Designated Loan, the original Mortgage Assignment to the Company (in the blank for each Loan, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Loan, the original Mortgage Assignment in blank for each Loan, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same same, or a true and correct copy of the title policy from the issuing title company; (ix) the originals of all Collateral Documents executed in cmmection with the Asset;connection (x) Uniform Commercial Code financing statements with recording information thereon from recording (xi) if the Recording Offices if necessary equity interests of any Ownership Entity are certificated, the certificate representing such equity interest; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; and (xiii) solely with respect to perfect the security interest of the Asset under the Uniform Commercial Code;each MERS Designated Loan, a MERS Report.

Custodial Documents. For each AssetMortgage Loan and Acquired Property, to the extent applicableapplicable and available, the "Custodial Documents'' Documents shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011“Pay to the order of Multibank 2010-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011-1SFR Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F L to the Contribution Agreement;: (ii) the original, or a copy, of the original Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modificationmodification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Designated Mortgage Loan, the original Mortgage Assignment to the Company (in the blank for each Mortgage Loan, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Mortgage Loan, the original Mortgage Assignment in blank for each Mortgage Loan, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Mortgage Loan, the originals of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same or a true and correct copy of the title policy from the issuing title companysame; (ix) the originals of all Underlying Collateral Documents executed in cmmection connection with the AssetMortgage Loan, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset Mortgage Loan under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interest; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; and (xiii) solely with respect to each MERS Designated Mortgage Loan, a MERS Report.

Custodial Documents. For each AssetLoan and Acquired Property, to the extent applicableapplicable and available, the "“Custodial Documents'' ” shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011“Pay to the order of Multibank 2009-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011CML-1ADC Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F L to the Contribution Agreement; (ii) the original, or a copy, of the original Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modificationmodification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Designated Loan, the original Mortgage Assignment to the Company (in the blank for each Loan, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Loan, the original Mortgage Assignment in blank for each Loan, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same or a true and correct copy of the title policy from the issuing title companysame; (ix) the originals of all Underlying Collateral Documents executed in cmmection connection with the AssetLoan, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset Loan under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interest; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; and (xiii) solely with respect to each MERS Designated Loan, a MERS Report.

Custodial Documents. For each AssetLoan and Acquired Property, to the extent applicableapplicable and available, the "“Custodial Documents'' ” shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011“Pay to the order of ▇▇▇▇▇▇▇▇▇ ▇▇▇▇-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011▇ ▇▇▇-1▇▇▇ Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F L to the Contribution Agreement; (ii) the original, or a copy, of the original Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modificationmodification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Designated Loan, the original Mortgage Assignment to the Company (in the blank for each Loan, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Loan, the original Mortgage Assignment in blank for each Loan, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same or a true and correct copy of the title policy from the issuing title companysame; (ix) the originals of all Underlying Collateral Documents executed in cmmection connection with the AssetLoan, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset Loan under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interest; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; and (xiii) solely with respect to each MERS Designated Loan, a MERS Report.

Custodial Documents. For each AssetLoan and Acquired Property, to the extent applicableapplicable and available, the "“Custodial Documents'' ” shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011“Pay to the order of Multibank 2009-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011RES-1ADC Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F L to the Contribution Agreement; (ii) the original, or a copy, of the original Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modificationmodification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Designated Loan, the original Mortgage Assignment to the Company (in the blank for each Loan, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Loan, the original Mortgage Assignment in blank for each Loan, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same or a true and correct copy of the title policy from the issuing title companysame; (ix) the originals of all Underlying Collateral Documents executed in cmmection connection with the AssetLoan, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset Loan under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interest; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; and (xiii) solely with respect to each MERS Designated Loan, a MERS Report.

Custodial Documents. For each AssetLoan and Acquired Property, to the extent applicableapplicable and available, the "“Custodial Documents'' ” shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011“Pay to the order of 2010-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011-1CRE Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F to the Contribution AgreementL hereto; (ii) the original, or a copy, of the original Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modificationmodification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Designated Loan, the original Mortgage Assignment to the Company (in the blank for each Loan, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Loan, the original Mortgage Assignment in blank for each Loan, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same same, or a true and correct copy of the title policy from the issuing title company; (ix) the originals of all Collateral Documents executed in cmmection connection with the AssetLoan, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset Loan under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interest; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; and (xiii) solely with respect to each MERS Designated Loan, a MERS Report.

Custodial Documents. For each Asset, to the extent applicableapplicable and available as provided in Section 6.1(e), the "“Custodial Documents'' ” shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011“Pay to the order of 2010-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADCRADC/RADC Venture 2011-1CADC Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F to the Contribution Agreement; (ii) the original, original or a copy, copy of the Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted LoanDesignated Asset, the original Mortgage Assignment to the Company (in the blank for each Asset, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Asset, the original Mortgage Assignment in blank for each Asset, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Asset, the originals or copies of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same same, or a true and correct copy of the title policy from the issuing title company; (ix) the originals of all Collateral Documents executed in cmmection connection with the Asset, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interest and the stock power executed in blank; and if the equity interests of any Ownership Entity are not certificated, an Assignment of LLC Interest similar in form to Exhibit I of the Contribution Agreement; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; (xiii) solely with respect to each MERS Designated Asset, a MERS Report; (xiv) the REO Collateral Documents; and (xv) such other documents for each Asset as determined by the Company , the Purchase Money Notes Guarantor, the NGPMN Agent, the Collateral Agent or the Advance Lender.

Custodial Documents. For each AssetLoan and Acquired Property, to the extent applicableapplicable and available, the "“Custodial Documents'' ” shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011“Pay to the order of Multibank 2009-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011-1CRE Venture, LLC, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" without recourse” and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed BankReceiver, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "“Pay to the order of , without recourse" ” and signed by the Company as the last endorsee, or (y) ; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit F L to the Contribution Agreement; (ii) the original, or a copy, of the original Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modificationmodification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's ’s certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Designated Loan, the original Mortgage Assignment to the Company (in the blank for each Loan, in form specified in the Contribution Agreement) and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as receiver Receiver for various failed financial institutions to the applicable Failed BankCompany; (vi) except in the case of any MERS Designated Loan, the original Mortgage Assignment in blank for each Loan, in form and substance acceptable for recording and signed in the name of the Company to the Collateral Agent; (vii) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's ’s certificate of the related Borrower, title company company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's ’s opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same or a true and correct copy of the title policy from the issuing title companysame; (ix) the originals of all Underlying Collateral Documents executed in cmmection connection with the AssetLoan, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset Loan under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interest; (xii) any bailee letters regarding any Notes or other Custodial Documents held by the bailee; and (xiii) solely with respect to each MERS Designated Loan, a MERS Report.

Custodial Documents. For each Asset, to the extent applicable, the "Custodial Documents'' " shall include the following: (i) either (x) (A) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed (including through an 38 C\DC/R"'llC \'t·nture 2011-1 Structured Transactinn Cuotodi~l ~nd Paying Ag~ncy Agreement Version 3 l '.4 EXECUTION VERSION allonge attached thereto) "PAY TO THE ORDER OF CADC/RADC Venture 2011-1SIP-2 Venture, LLC, WITHOUT 12 20 ll-SIP-2 Structured Transaction Custodial and Paying Agency Agreement Version 3.1 EXECUTION VERSION RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER" and signed in the name of the Federal Deposit Insurance Corporation as the receiver for the applicable Failed Bank, and (B) an allonge attached thereto providing for the endorsement of the Note and endorsed "Pay to the order of , without recourse" and signed by the Company as the last endorsee, or (y) in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit (in the form of Exhibit Attachment F to the Contribution Agreement); (ii) the original, or a copy, of the ofthe Mortgage with evidence of recording thereon, or a certified copy thereof from the applicable Recording Office, or a copy thereof together with an officer's certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iii) the originals or copies of all assumption, Modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies !hereof thereof from the applicable Recording Office, or copies thereof together with a certification by or other similar evidence from the applicable Recording Office or an officer's certificate of the related Borrower, title company, escrow agent or closing attorney certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (iv) the Acquired Property Files; (v) except in the case of any MERS Desig1mted Designated Loan, the Mortgage Assignment to the Company (in the form specified in the Contribution Agreement) signed in the name of the Federal Deposit Insurance Corporation as receiver for the applicable Failed Bank, with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together \Vith with an officer's certificate of the title company certifying that such represents a true and correct copy of the original and that such original has been submitted for recordation in the applicable Recording Office; (vi) except in the case of any MERS Designated Loan, the originals of all intervening Mortgage Assignments (if any) \Vith with evidence of recording thereon, or certified copies thereof from the applicable Recording Office, or copies thereof together with an officer's certificate of the title company certifying that such represents a true and correct copy of the original of each such intervening Mortgage Assignment and that such original has been submitted for recordation in the applicable Recording Office; (vii) except in the case of any MERS Designated Loan, an original Mortgage Assignment in blank, in form and substance acceptable for recording in the applicable Recording Onice and signed in the name of the CornpanyJ; 39 CAOC/RADC V cnlurr 201 !-1 StruthJred ▇▇▇▇.~actinn Custud,ul und Paying Agtncy Agr~~mcnt Vn~•on 3.1 >A LXCCL'TIO~ VERSJO~ (viii) the original or a copy of the attorney's opinion of title and abstract of title or the original mortgage title insurance policy or, if the original mortgage title insurance policy has not been issued, the irrevocable commitment to issue the same or a true and correct copy of the title policy from the issuing title company; (ix) the originals of all Collateral Documents executed in cmmection with the Asset; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Asset under the Uniform Commercial Code;