Common use of Custodian’s Receipt, Examination and Certification of Mortgage Files; Initial Trust Receipt Delivered by the Custodian Clause in Contracts

Custodian’s Receipt, Examination and Certification of Mortgage Files; Initial Trust Receipt Delivered by the Custodian. The Custodian agrees, for the benefit of the Certificateholders, to review each Custodial File within 45 days of the Closing Date and to certify in substantially the form attached hereto as Exhibit 1 (the “Trust Receipt and Initial Certification”) that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report annexed thereto as not being covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.01 of this Agreement are in its possession, (ii) such documents have been reviewed by it and have not been mutilated, damaged or torn and appear on their face to relate to such Mortgage Loan and (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (1) and (3) of the definition of “Mortgage Loan Schedule” in the Pooling and Servicing Agreement accurately reflects information set forth in the Custodial File. It is herein acknowledged that, in conducting such review, the Custodian was not under any duty or obligation (i) to inspect, review or examine any such documents, instruments, certificates or other papers to determine whether they are genuine, enforceable, or appropriate for the represented purpose or whether they have actually been recorded or that they are other than what they purport to be on their face or (ii) to determine whether any Custodial File should include any of the documents specified in clause (v) of Section 2. The Custodian agrees to execute and deliver to the Depositor, the Trustee and the Servicer on or prior to the Closing Date an acknowledgment of receipt of the related original Mortgage Note for each Initial Mortgage Loan (with any exceptions noted), substantially in the form attached as Exhibit 8 (the “Receipt of Mortgage Note”) hereto.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff8), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt4), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff16)

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Custodian’s Receipt, Examination and Certification of Mortgage Files; Initial Trust Receipt Delivered by the Custodian. The Custodian agrees, for the benefit of the Certificateholders, to review each Custodial File within 45 days of on or before the Closing Date and to certify in substantially the form attached hereto as Exhibit 1 (the “Trust Receipt and Initial Certification”) that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report annexed thereto as not being covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.01 of this Agreement are in its possession, (ii) such documents have been reviewed by it and have not been mutilated, damaged or torn and appear on their face to relate to such Mortgage Loan and (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (1) and (3) of the definition of “Mortgage Loan Schedule” in the Pooling and Servicing Agreement accurately reflects information set forth in the Custodial File. It is herein acknowledged that, in conducting such review, the Custodian was not under any duty or obligation (i) to inspect, review or examine any such documents, instruments, certificates or other papers to determine whether they are genuine, enforceable, or appropriate for the represented purpose or whether they have actually been recorded or that they are other than what they purport to be on their face or (ii) to determine whether any Custodial File should include any of the documents specified in clause (ve) of Section 2. The Custodian agrees to execute and deliver to the Depositor, the Trustee Depositor and the Servicer on or prior to the Closing Date an acknowledgment of receipt of the related original Mortgage Note for each Initial Mortgage Loan (with any exceptions noted), substantially in the form attached as Exhibit 8 (the “Receipt of Mortgage Note”) hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-2)

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Custodian’s Receipt, Examination and Certification of Mortgage Files; Initial Trust Receipt Delivered by the Custodian. The Custodian agrees, for the benefit of the Certificateholders, to review each Custodial File within 45 days of on or before the Closing Date and to certify in substantially the form attached hereto as Exhibit 1 (the “Trust Receipt and Initial Certification”) that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report annexed thereto as not being covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.01 2 of this Agreement are in its possession, (ii) such documents have been reviewed by it and have not been mutilated, damaged or torn and appear on their face to relate to such Mortgage Loan and (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (1) and (3) of the definition of “Mortgage Loan Schedule” in the Pooling and Servicing Agreement accurately reflects information set forth in the Custodial File. It is herein acknowledged that, in conducting such review, the Custodian was not under any duty or obligation (i) to inspect, review or examine any such documents, instruments, certificates or other papers to determine whether they are genuine, enforceable, or appropriate for the represented purpose or whether they have actually been recorded or that they are other than what they purport to be on their face or (ii) to determine whether any Custodial File should include any of the documents specified in clause (vvi) of Section 2. The Custodian agrees to execute and deliver to the Depositor, the Trustee and the Servicer on or prior to the Closing Date an acknowledgment of receipt of the related original Mortgage Note for each Initial Mortgage Loan (with any exceptions noted), substantially in the form attached as Exhibit 8 (the “Receipt of Mortgage Note”) hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-2)

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