Common use of Custodian a Bailee and Agent of the Trustee Clause in Contracts

Custodian a Bailee and Agent of the Trustee. With respect to each Mortgage Note, Mortgage and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian hereby agrees to act as the agent and bailee of the Trustee, and to hold such documents, in trust, for the exclusive use and benefit of all present and future Certificateholders and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. The Custodian may not delegate any of its duties hereunder without the prior written consent of the Trustee. The Custodian shall segregate and maintain all documents constituting the Custodian's Mortgage File received by it for the benefit of the Certificateholders in secure facilities in accordance with customary standards for such custody. The Mortgage Note and Assignment of Mortgage shall be maintained in secure fireproof facilities. Except upon compliance with the provisions of Section 2.4 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered by the Custodian to the Depositor, the Certificate Insurer or the Master Servicer or otherwise released from the possession of the Custodian.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Asset Bk Fl Rte Ce Se 1996 Lb3), Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Ast Bk Fl Rte Cer Se 1996-Lb1a), Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Fl Rte Cert Se 1996-Lb1)

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Custodian a Bailee and Agent of the Trustee. With respect to each Mortgage Note, Mortgage and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian hereby agrees to act as the agent and bailee of the Trustee, and to hold such documents, in trust, for the exclusive use and benefit of all present and future Certificateholders and the Certificate Insurer and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. The Custodian may not delegate any of its duties hereunder without the prior written consent of the Trustee. The Custodian shall segregate and maintain all documents constituting the Custodian's Mortgage File received by it for the benefit of the Certificateholders and the Certificate Insurer in secure facilities in accordance with customary standards for such custody. The Mortgage Note and Assignment of Mortgage shall be maintained in secure fireproof facilities. Except upon compliance with the provisions of Section 2.4 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered by the Custodian to the Depositor, the Certificate Insurer or the Master Servicer or otherwise released from the possession of the Custodian.

Appears in 2 contracts

Samples: Distribution Instructions (Salomon Brothers Mort Sec Vii Asset Backed Cert 1996-Lb2), Pooling and Servicing Agreement (Salomon Broth Mor Sec Vii Asset Bac Float Rt Cer Se 1997 Lb1)

Custodian a Bailee and Agent of the Trustee. With respect to each Mortgage Note, Mortgage and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian hereby agrees to act as the agent and bailee of the Trustee, and to hold such documents, in trust, for the exclusive use and benefit of all present and future Certificateholders and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. The Custodian may not delegate any of its duties hereunder without the prior written consent of the Trustee. The Custodian shall segregate and maintain all documents constituting the Custodian's Mortgage File received by it for the benefit of the Certificateholders in secure facilities in accordance with customary standards for such custody. The Mortgage Note and Assignment of Mortgage shall be maintained in secure fireproof facilities. Except upon compliance with the provisions of Section 2.4 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered deliv ered by the Custodian to the Depositor, the Certificate Insurer or the either Master Servicer or otherwise released from the possession of the Custodian.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Viiinc Ast Bk Fl Rte Cer Se 1997-Lb5), Pooling and Servicing Agreement (Asset-Backed Certificates Series 1997-Lb6)

Custodian a Bailee and Agent of the Trustee. With respect to each Mortgage Note, Mortgage and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian hereby agrees is exclusively the bailee and agent of the Trustee and has no instructions to act as hold any Mortgage Note or Mortgage for the agent and bailee benefit of any person other than the Trustee, and to hold holds such documents, in trust, documents for the exclusive use and benefit of all present and future Certificateholders of the respective series and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. The Custodian may not delegate any of its duties hereunder without Without limiting the prior written consent generality of the Trustee. The foregoing, the Custodian shall segregate and maintain all documents constituting the Custodian's Mortgage File received by it for the benefit not sell, assign, pledge or otherwise dispose of the Certificateholders in secure facilities in accordance with customary standards for such custody. The Mortgage Note Notes and Assignment of shall not grant or suffer to exist any lien or security interest on the Mortgage shall be maintained in secure fireproof facilitiesNotes (other than the liens granted by the respective Pooling and Servicing Agreements and the Designated Seller's Agreement). Except upon compliance with the provisions of Section 2.4 2.5 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered by the Custodian to the Depositor, the Certificate Insurer Depositor or the Master Servicer or otherwise released from the possession of the Custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mor Sec Vii Inc Mor Pa THR Cer Ser 1995 3)

Custodian a Bailee and Agent of the Trustee. With respect to ------------------------------------------- each Mortgage Note, Mortgage Mortgage, policy and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian hereby agrees to act as the agent and bailee of the Trustee, and to hold such documents, in trust, for the exclusive use and benefit of all present and future Certificateholders and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. The Custodian may not delegate any of its duties hereunder without the prior written consent of the Trustee. The Custodian shall segregate and maintain all documents constituting the Custodian's Mortgage File Files received by it for the benefit of the Certificateholders Certificaterholders in secure facilities in accordance with customary standards for such custody. The Mortgage Note and Assignment of Mortgage Files shall be maintained in secure fireproof facilities. Except upon compliance with the provisions of Section 2.4 2.3 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered by the Custodian to the Depositor, the Certificate Insurer Master Servicer or the Master Special Servicer or otherwise released from the possession of the Custodian.

Appears in 1 contract

Samples: Custodial Agreement (LTC Properties Inc)

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Custodian a Bailee and Agent of the Trustee. With respect to each Mortgage Note, Mortgage and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian hereby agrees to act as the agent and bailee of the Trustee, and to hold such documents, in trust, for the exclusive use and benefit of all present and future Certificateholders and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. The Custodian may not delegate any of its duties hereunder without the prior written consent of the Trustee. The Custodian shall segregate and maintain all documents constituting the Custodian's Mortgage File received by it for the benefit of the Certificateholders in secure facilities in accordance with customary standards for such custody. The Mortgage Note and Assignment of Mortgage shall be maintained in secure fireproof facilities. Except upon compliance with the provisions of Section 2.4 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered deliv ered by the Custodian to the Depositor, the Certificate Insurer or the Master Servicer or otherwise released from the possession of the Custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Asset Bk Cert Ser 1998-Aq1)

Custodian a Bailee and Agent of the Trustee. With respect to each Mortgage Note, Mortgage and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian hereby agrees to act as the agent and bailee of the Trustee, and to hold such documents, in trust, for the exclusive use and benefit of all present and future Certificateholders and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. The Custodian may not delegate any of its duties hereunder without the prior written consent of the Trustee. The Custodian shall segregate and maintain all documents constituting the Custodian's Mortgage File received by it for the benefit of the Certificateholders in secure facilities in accordance with customary standards for such custody. The Mortgage Note and Assignment of Mortgage shall be maintained in secure fireproof facilities. Except upon compliance with the provisions of Section 2.4 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered by the Custodian to the Depositor, the Certificate Insurer or the either Master Servicer or otherwise released from the possession of the Custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers MRT Sec Vii Inc Ast Bk Fl Rt CRT Sr 1997lb3)

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