Common use of Custodial Documents Clause in Contracts

Custodial Documents. For each Loan and Acquired Property, to the extent applicable and available, the “Custodial Documents” shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 0000-0 XXX-XXX Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L to the Contribution Agreement; (ii) 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 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 of all assumption, modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) 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 Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (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 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; (viii) the original 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; (ix) the originals of all Underlying Collateral Documents executed in connection with the 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 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.

Appears in 2 contracts

Samples: Custodial and Paying Agency Agreement, Custodial and Paying Agency Agreement

AutoNDA by SimpleDocs

Custodial Documents. For each Loan and Acquired Property, to the extent applicable and available, the “Custodial Documents” shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 0000Multibank 2009-0 XXX1 RES-XXX ADC Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L to the Contribution Agreement; (ii) 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 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 of all assumption, modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) 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 Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (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 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; (viii) the original 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; (ix) the originals of all Underlying Collateral Documents executed in connection with the 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 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Custodial Documents. For each Loan and Acquired PropertyAsset, to the extent applicable and availableapplicable, 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 “Pay to the order of Xxxxxxxxx 0000(including through an 38 C\DC/R"'llC \'t·nture 2011-0 XXX1 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-XXX Venture1, LLC, without recourse” 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 Receiverthe 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; and , 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 L F to the Contribution Agreement; (ii) the original 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 '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 thereof !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 '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 Designated Desig1mted Loan, the original Mortgage Assignment to the Company (in blank for each Loan, the form specified in form and substance acceptable for recording and the Contribution Agreement) signed in the name of the Federal Deposit Insurance Corporation as Receiver receiver for various failed financial institutions to the Company; (vi) except in the case of any MERS Designated Loanapplicable Failed Bank, 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 with \Vith an officer’s 's certificate of the related Borrower, title company, escrow agent or closing attorney 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 Xxxx.~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 samesame or a true and correct copy of the title policy from the issuing title company; (ix) the originals of all Underlying Collateral Documents executed in connection cmmection with the Loan, if availableAsset; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Loan Asset 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Custodial Documents. For each Loan and Acquired Property, to the extent applicable and available, the “Custodial Documents” shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 0000Multibank 2009-0 XXX-XXX 1 CRE Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L to the Contribution Agreement; (ii) 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 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 of all assumption, modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) 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 Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (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 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; (viii) the original 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; (ix) the originals of all Underlying Collateral Documents executed in connection with the 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 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Custodial Documents. For each Loan and Acquired Property, to the extent applicable and available, the “Custodial Documents” shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 00002010-0 XXX-XXX 1 CRE Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L to the Contribution Agreementhereto; (ii) 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 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 of all assumption, modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) 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 Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (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 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; (viii) the original 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 Underlying Collateral Documents executed in connection with the Loan, if available;connection (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if necessary to perfect the security interest of the Loan under the Uniform Commercial Code;recording (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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Custodial Documents. For each Loan and Acquired Property, to the extent applicable and available, the “Custodial Documents” shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 0000Multibank 2009-0 XXX1 CML-XXX ADC Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L to the Contribution Agreement; (ii) 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 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 of all assumption, modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) 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 Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (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 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; (viii) the original 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; (ix) the originals of all Underlying Collateral Documents executed in connection with the 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 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Custodial Documents. For each Loan and Acquired PropertyAsset, to the extent applicable and availableavailable as provided in Section 6.1(e), the “Custodial Documents” shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 00002010-0 XXX-XXX 1 RADC/CADC Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L 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, modificationModification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) except in the case of any MERS Designated LoanAsset, the original Mortgage Assignment in blank for each LoanAsset, in form and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (vi) except in the case of any MERS Designated LoanAsset, the original Mortgage Assignment in blank for each LoanAsset, 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 LoanAsset, 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 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; (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 Underlying Collateral Documents executed in connection with the LoanAsset, 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 Loan Asset under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interestinterest 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; and; (xiii) solely with respect to each MERS Designated LoanAsset, 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Custodial Documents. For each Loan and Acquired PropertyAsset, to the extent applicable and availableavailable as provided in Section 6.1(e), the “Custodial Documents” shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 0000-0 XXX-XXX AmTrust CADC Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L 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, modificationModification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) except in the case of any MERS Designated LoanAsset, the original Mortgage Assignment in blank for each LoanAsset, in form and substance acceptable for recording and signed in the name of the Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (vi) except in the case of any MERS Designated LoanAsset, the original Mortgage Assignment in blank for each LoanAsset, 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 LoanAsset, 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 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; (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 samesame or a true and correct copy of the title policy from the issuing title company; (ix) the originals of all Underlying Collateral Documents executed in connection with the LoanAsset, 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 Loan Asset under the Uniform Commercial Code; (xi) if the equity interests of any Ownership Entity are certificated, the certificate representing such equity interestinterest 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; and; (xiii) solely with respect to each MERS Designated LoanAsset, 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

AutoNDA by SimpleDocs

Custodial Documents. For each Loan and Acquired PropertyAfter the first Advance is made with respect to a Loan, the Lender shall deliver to the extent applicable and available, Custodian pursuant to the Custodial Documents” shall include Agreement each of the followingfollowing documents within the time periods specified: (ia) Within three (3) Business Days after the first Advance is made with respect to a Loan, the original Mortgage Note bearing all intervening endorsements and duly endorsed “Pay to the order of Xxxxxxxxx 0000-0 XXX-XXX Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and with an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L to the Contribution AgreementAllonge; (b) With respect to the Mortgage, the Lender shall provide the Custodian with each of the following: (i) within five (5) Business Days after the first Advance is made with respect to a Loan, a certified true copy of the Mortgage submitted for recording; (ii) within five (5) Business Days after its return from the appropriate recording office, the original Mortgage recording receipt or other evidence of the recording office's receipt of the Mortgage, and (iii) within five (5) Business Days after its return from the appropriate recording office, 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 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 of all assumption, modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) 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 Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (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 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; (viii) the original 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 Mortgage is lost or destroyed or not been issuedreturned from the recording office, within 180 days of the irrevocable commitment submission of the Mortgage for recording, a copy of the Mortgage certified by the appropriate public recording office to issue be a true and complete copy of the same;original. (ixc) A duly executed (and, where appropriate, acknowledged) Assignment of Mortgage and a UCC-1 Financing Statement, which documents the originals of all Underlying Collateral Documents executed Custodian is irrevocably authorized to record and/or file in connection with such offices or records as the Loan, if available; (x) Uniform Commercial Code financing statements with recording information thereon from the Recording Offices if Participant deems necessary to perfect the security interest of the 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; appropriate. and (xiiid) solely with respect to each MERS Designated Loan, a MERS ReportSuch other documents and instruments as the Participant deems reasonably necessary or proper or upon which the Lender and Participant may agree.

Appears in 1 contract

Samples: Participation Agreement (Allstate Financial Corp /De/)

Custodial Documents. For each Mortgage Loan and Acquired Property, to the extent applicable and available, the Custodial Documents” Documents shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 0000Multibank 2010-0 XXX-XXX 1 SFR Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L to the Contribution Agreement;: (ii) 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 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 of all assumption, modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) 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 Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (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 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; (viii) the original 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; (ix) the originals of all Underlying Collateral Documents executed in connection with the Mortgage 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 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Custodial Documents. For each Loan and Acquired Property, to the extent applicable and available, the “Custodial Documents” shall include the following: (i) the original Note bearing all intervening endorsements and endorsed “Pay to the order of Xxxxxxxxx 00002010-0 XXX-XXX 1 CRE Venture, LLC, without recourse” and signed in the name of the Federal Deposit Insurance Corporation as Receiver, and an allonge 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; and in the event that the original Note is not available, a fully executed Assignment and Lost Instrument Affidavit in the form of Exhibit L to the Contribution Agreementhereto; (ii) 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 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 of all assumption, modification, consolidation or extension agreements (if any) with evidence of recording thereon, or certified copies 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) Acquired Property Files; (v) 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 Federal Deposit Insurance Corporation as Receiver for various failed financial institutions to the Company; (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 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; (viii) the original 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 Underlying Collateral Documents executed in connection with the 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 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Custodial Documents. For each Loan and Acquired PropertyAsset, to the extent applicable and availableapplicable, the "Custodial Documents" shall include the following: (i) either (x) the original Note bearing all intervening endorsements (including through allonges attached thereto) and endorsed “Pay to the order of Xxxxxxxxx 0000(including through an allonge attached thereto) "PAY TO THE ORDER OF 2011-0 XXX-XXX SIP-2 Venture, LLC, without recourse” 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 Receiver, and an allonge providing the receiver for the endorsement of the Note and endorsed “Pay to the order of Failed Bank, without recourse” and signed by the Company as the last endorsee; and 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 L Attachment F to the Contribution Agreement); (ii) the original original, or a copy, 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 '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 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 Designated Loan, the original Mortgage Assignment to the Company (in blank for each Loan, the form specified in form and substance acceptable for recording and the Contribution Agreement) signed in the name of the Federal Deposit Insurance Corporation as Receiver receiver for various failed financial institutions to the CompanyFailed Bank, 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 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 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 with an officer’s 's certificate of the related Borrower, title company, escrow agent or closing attorney 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; (viii) the original 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; (ix) the originals of all Underlying Collateral Documents executed in connection with the 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 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.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!