Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization Date) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes.
Appears in 9 contracts
Samples: Agreement Between Noteholders (Bank5 2024-5yr7), Agreement Between Noteholders (Bank 2021-Bnk32), Agreement Between Noteholders (Bank 2020-Bnk30)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitizationthe originals of the Non-Lead Securitization Notes) shall be transferred to and held in the name of the trustee (and held by the Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-1 Securitization, then (ai) for the period beginning upon originals of all of the closing Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of such the First Securitization and ending upon Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the Note A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationNote A-2, Note A-3 and Note A-4) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 8 contracts
Samples: Agreement Among Note Holders (CSAIL 2019-C15 Commercial Mortgage Trust), Agreement Between Note Holders (CSAIL 2019-C15 Commercial Mortgage Trust), Agreement Between Note Holders (Bank 2019-Bnk16)
Custody of Mortgage Loan Documents. Prior to the First SecuritizationSecuritization Date, the originals of all of the Mortgage Loan Documents (except for the Notes) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each . Each of the Notes shall will be held by its respective Noteholder Note Holder or a duly appointed custodian of such NoteholderNote Holder. If the First Securitization includes is also the Note A-1A–1 Securitization, on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First SecuritizationA–1) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementNote A–1 PSA, on behalf of the registered holders of the Notes. If the First Securitization does is not include also the Note A-1A–1 Securitization, then (a) for on and after the period beginning upon Securitization Date but prior to the closing of such First Securitization and ending upon the Note A–1 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationSecuritization Note) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Note A–1 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization DateA–1) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementNote A–1 PSA, on behalf of the registered holders of the Notes.
Appears in 8 contracts
Samples: Agreement Between Note Holders (Bank 2017-Bnk4), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2017-Rb1), Agreement Between Note Holders (BBCMS Mortgage Trust 2017-C1)
Custody of Mortgage Loan Documents. Prior to On and after the First closing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for other than the originals of the Non-Lead Securitization Notes) shall be held by the Trustee through a duly appointed custodian therefor, in accordance with the terms of the Initial Agent Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes; provided that if the First Securitization is not the Note A-1 Securitization, (i) the originals of all of the Mortgage Loan Documents (other than the Notes not being deposited into the First Securitization) shall be transferred to and held by the Trustee (of the First Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, and each until the closing of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1A-1 Securitization, on and after the Securitization Datewhich date, the originals of all of the Mortgage Loan Documents (except for other than the Notes other than not being deposited into the Note A-1 and any other Notes included in such First Securitization) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 8 contracts
Samples: Agreement Between Note Holders (Benchmark 2019-B15 Mortgage Trust), Agreement Between Note Holders (JPMDB Commercial Mortgage Securities Trust 2019-Cor6), Agreement Between Note Holders (Benchmark 2019-B14 Mortgage Trust)
Custody of Mortgage Loan Documents. Prior to On and after the First closing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for other than the originals of the Non-Lead Securitization Notes) shall be held by the Trustee through a duly appointed custodian therefor, in accordance with the terms of the Initial Agent Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes; provided that if the First Securitization is not the Note A-1(A-CP) Securitization, (i) the originals of all of the Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of the First Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, and each of until the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Note A-1(A-CP) Securitization includes Note A-1Date, on and after the Securitization Datewhich date, the originals of all of the Mortgage Loan Documents (except for other than the Notes other than Note A-1 and any other Notes not included in such First the Note A-1(A-CP) Securitization) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (aA-1(A-CP) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 7 contracts
Samples: Co Lender Agreement (GS Mortgage Securities Trust 2018-Gs9), Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2017-C42), Co Lender Agreement (Bank 2017-Bnk9)
Custody of Mortgage Loan Documents. Prior to On and after the First closing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for other than the originals of the Non-Lead Securitization Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitization) shall be transferred to and held in the name of the trustee (and held by Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-3 Securitization, then (ai) for the period beginning upon originals of all of the closing Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of such the First Securitization and ending upon Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the Note A-3 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitizationoriginal Notes) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-3 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 6 contracts
Samples: Co Lender Agreement, Co Lender Agreement (Bank 2018-Bnk12), Co Lender Agreement (GS Mortgage Securities Trust 2018-Gs9)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notesother than Note X-0, Xxxx X-0, Note A-3, Note A-4 and Note A-5) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes is also the Note A-1A-1 Securitization, then on and after the Note A-1 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note X-0, Xxxx X-0, Xxxx X-0 and Note A-5) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Note A-1 and PSA, on behalf of the registered holders of the Notes; provided however, if the First Securitization is not also the Note A-1 Securitization, the originals of all of the Mortgage Loan Documents (other than any other Notes Note that was not included in such First Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under such Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes, until the Note A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (other than any Note that was not included in such Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization Date) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, PSA on behalf of the registered holders of the Notes.
Appears in 6 contracts
Samples: Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C5), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C4), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C3)
Custody of Mortgage Loan Documents. Prior (a) The original Mortgage Loan Documents (other than the Notes) shall be held by a custodian appointed by Note A-1 Holder (and reasonably acceptable to Note B Holder) to act as custodian solely for the benefit of and on behalf of the Holders pursuant to the First terms and conditions set forth herein (such appointee, acting in its capacity as custodian, as applicable, the “Custodian”). The Note A-1 Holder hereby appoints Xxxxx Fargo Bank, National Association, a national banking association, as the initial Custodian of the Mortgage Loan Documents, and Xxxxx Fargo Bank, National Association hereby accepts such appointment as Custodian of the Mortgage Loan Documents pursuant to the terms and conditions of this Agreement.
(b) The Holders shall deliver, or cause to be delivered, the Mortgage Loan Documents, other than their respective Notes, together with appropriate endorsements and other documentation sufficient under the Mortgage Loan Documents to transfer the Mortgage Loan Documents, to the Custodian for the benefit of and on behalf of the Holders.
(c) The Custodian, not in its individual capacity but solely as Custodian for the benefit of and on behalf of the Holders, hereby acknowledges the sale and assignment of the Mortgage Loan Documents by the Holders to the Custodian for the benefit of the Holders pursuant to this Agreement. The Custodian will hold legal title to the Mortgage Loan Documents delivered to it pursuant to this Section 30, solely for the benefit of and on behalf of the Holders. The Custodian acknowledges that if the Custodian is subject to any bankruptcy or similar proceeding, the Mortgage Loan shall not be an asset of its estate.
(d) The Custodian shall retain possession and custody of the Mortgage Loan Documents in accordance with and subject to the terms and conditions set forth herein.
(e) The Holders agree and acknowledge that the Custodian shall be entitled to reimbursement of such other matters in accordance with the terms of this Agreement (including, but not limited to, modifications and amendments, reasonable legal costs, postage, copy fees, and courier charges), such fees and reimbursement shall be paid by the Holders in accordance with their respective Percentage Interests (except as otherwise provided in this Agreement). Invoices for reimbursement shall be delivered to the Servicer, if any, with a copy to each Holder at the address provided on Exhibit C.
(f) Upon reasonable prior notice to the Custodian, the Holders and their respective agents, accountants, attorneys and auditors will be permitted during normal business hours to examine the Mortgage Loan Documents, records and other papers in the possession of or under the control of the Custodian relating to the Mortgage Loan. The examining Holder will promptly reimburse the Custodian for reasonable out-of-pocket expenses incurred by the Custodian in connection with any such examination.
(g) Neither the Custodian nor any of its directors, officers, agents or employees, shall be liable for any action taken or omitted to be taken by it or them hereunder except for its or their own gross negligence, lack of good faith or willful misconduct. In no event shall the Custodian or its directors, officers, agents and employees be held liable for any special, indirect or consequential damages resulting from any action taken or omitted to be taken by it or them hereunder or in connection herewith in good faith and reasonably believed by it or them to be within the purview of this Agreement.
(h) Except upon determination that the duties of the Custodian are no longer permissible under applicable law (as evidenced by an opinion of counsel delivered to the Holders at the expense of the resigning Custodian), the Custodian shall not resign without giving each of the Holders sixty (60) days prior written notice thereof (or such lesser notice as may be acceptable to all the Holders). No resignation of the Custodian shall be effective until a new Custodian shall have been appointed hereunder and legal title to the Mortgage Loan Documents shall have been transferred to such replacement Custodian not in its individual capacity but solely as Custodian for the benefit of and on behalf of the Holders.
(i) Upon payment in full or any other agreed upon settled amount of the Mortgage Loan, and upon receipt by the Custodian of a request for release from the Servicer stating that the Mortgage Loan has been paid in full, the Custodian shall promptly release the related Mortgage Loan Documents to the Servicer or its agent.
(j) On and after the closing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for other than the originals of the Non-Lead Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitization) shall be transferred to and held in the name of the trustee (and held by Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-1 Securitization, then (ai) for the period beginning upon originals of all of the closing Mortgage Loan Documents (other than the Notes not included in the First Securitization) shall be transferred to and held by the Trustee (of such the First Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the Note A-1 Securitization and ending upon the Securitization Datedate, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationNon-Lead Notes) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 5 contracts
Samples: Co Lender Agreement (CSAIL 2019-C17 Commercial Mortgage Trust), Co Lender Agreement (CSAIL 2019-C16 Commercial Mortgage Trust), Co Lender Agreement (Bank 2019-Bnk18)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1A-2, on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 A-2 and any other Notes included in such First Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1A-2, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 A-2 and any other Notes included in the Lead Securitization closing on the Securitization Date) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes.
Appears in 4 contracts
Samples: Agreement Between Noteholders (Bank 2021-Bnk36), Agreement Between Noteholders (Bank 2021-Bnk31), Agreement Between Noteholders (Bank 2020-Bnk30)
Custody of Mortgage Loan Documents. Prior to On and after the First closing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for other than the originals of the Non-Lead Securitization Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitization) shall be transferred to and held in the name of the trustee (and held by Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-1 Securitization, then (ai) for the period beginning upon originals of all of the closing Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of such the First Securitization and ending upon Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the Note A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationNote A-2) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 3 contracts
Samples: Co Lender Agreement (GS Mortgage Securities Trust 2017-Gs8), Co Lender Agreement (UBS Commercial Mortgage Trust 2017-C5), Co Lender Agreement (Bank 2017-Bnk8)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notesother than Note A-1-1, Note A-1-2, Note A-2 and Note A-3) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes is also the Note A-1-1 Securitization, then on and after the Note A-1-1 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 A-1-2, Note A-2 and Note A-3) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Note A-1-1 PSA, on behalf of the registered holders of the Notes; provided however, if the First Securitization is not also the Note A-1-1 Securitization, the originals of all of the Mortgage Loan Documents (other than any other Notes Note that was not included in such First Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under such Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes, until the Note A-1-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (other than any Note that was not included in such Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization Date) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, -1 PSA on behalf of the registered holders of the Notes.
Appears in 3 contracts
Samples: Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C6), Agreement Between Note Holders (CCUBS Commercial Mortgage Trust 2017-C1), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C5)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notesother than Note A-1-1, Note A-1-2, Note A-1-3 and Note A-2) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes is also the Note A-1-1 Securitization, then on and after the Note A-1-1 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 A-1-2, Note A-1-3 and Note A-2) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Note A-1-1 PSA, on behalf of the registered holders of the Notes; provided however, if the First Securitization is not also the Note A-1-1 Securitization, the originals of all of the Mortgage Loan Documents (other than any other Notes Note that was not included in such First Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under such Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes, until the Note A-1-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (other than any Note that was not included in such Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization Date) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, -1 PSA on behalf of the registered holders of the Notes.
Appears in 3 contracts
Samples: Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2017-C41), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C5), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C4)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than the originals of the Non-Lead Securitization Notes) shall be held by the Trustee through a duly appointed custodian therefor, in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes; provided that if the First Securitization is not the Note A-1 Securitization, (i) the originals of all of the Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and any held by the Trustee (of the First Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the closing of the Note A-1 Securitization, on which date, the originals of all of the Mortgage Loan Documents (other Notes included in such than the Note being deposited into the First Securitization) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 2 contracts
Samples: Agreement Between Note Holders (BBCMS Mortgage Trust 2023-C21), Agreement Between Note Holders (3650R 2022-Pf2 Commercial Mortgage Trust)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitizationthe originals of the Non-Lead Securitization Notes) shall be transferred to and held in the name of the trustee (and held by the Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-1 Securitization, then (ai) for the period beginning upon originals of all of the Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of the First Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the closing of such First Securitization and ending upon the Securitization DateNote A-1 Securitization, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationNote A-2) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 2 contracts
Samples: Agreement Between Note Holders (Bank 2022-Bnk44), Agreement Between Note Holders (Bank 2022-Bnk42)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitizationthe originals of the Non-Lead Securitization Notes) shall be transferred to and held in the name of the trustee (and held by the Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-1 Securitization, then (ai) for the period beginning upon originals of all of the closing Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of such the First Securitization and ending upon Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the Note A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitizationoriginals of the Non-Lead Securitization Notes) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 2 contracts
Samples: Agreement Between Note Holders (CSAIL 2019-C15 Commercial Mortgage Trust), Agreement Between Note Holders (CSAIL 2018-C14 Commercial Mortgage Trust)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitizationthe originals of the Non-Lead Securitization Notes) shall be transferred to and held in the name of the trustee (and held by the Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-1 Securitization, then (ai) for the period beginning upon originals of all of the closing Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of such the First Securitization and ending upon Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the Note A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-2 and Note A-3 (unless also deposited into the Notes included in such First Note A-1 Securitization)) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 2 contracts
Samples: Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2018-C47), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2018-C46)
Custody of Mortgage Loan Documents. Prior to the date of the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notesother than Note A-1 and Note A-2) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Note A-1 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First SecuritizationA-2) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note A-1 PSA, on behalf of the registered holders of the Notes; and (b) on and after provided however, if the First Securitization is not the Note A-1 Securitization, until the Note A-1 Securitization Date, (i) the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization DateA-1) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementNote A-2 PSA, on behalf of the registered holders of the Notes, until the Note A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (other than Note A-2) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Note A-1 PSA on behalf of the registered holders of the Notes; and (ii) the Mortgage Loan Documents (other than the Note that is deposited into the First Securitization) shall not be recorded or filed to reflect the name of the trustee under the Securitization Servicing Agreement for the First Securitization (except to the extent required under the Securitization Servicing Agreement for the First Securitization).
Appears in 2 contracts
Samples: Agreement Between Note Holders (CFCRE 2017-C8 Mortgage Trust), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2017-Rb1)
Custody of Mortgage Loan Documents. Prior to the First SecuritizationSecuritization Date, the originals of all of the Mortgage Loan Documents (except for the Notes) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each . Each of the Notes shall will be held by its respective Noteholder Note Holder or a duly appointed custodian of such NoteholderNote Holder. If the First Securitization includes is also the Note A-1A–2 Securitization, on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First SecuritizationA–2) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementNote A–2 PSA, on behalf of the registered holders of the Notes. If the First Securitization does is not include also the Note A-1A–2 Securitization, then (a) for on and after the period beginning upon Securitization Date but prior to the closing of such First Securitization and ending upon the Note A–2 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationSecuritization Note) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Note A–2 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization DateA–2) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementNote A–2 PSA, on behalf of the registered holders of the Notes.
Appears in 2 contracts
Samples: Agreement Between Note Holders (Bank 2018-Bnk15), Agreement Between Note Holders (Bank 2018-Bnk14)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitizationthe originals of the Non-Lead Securitization Notes) shall be transferred to and held in the name of the trustee (and held by the Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-2 Securitization, then (ai) for the period beginning upon originals of all of the closing Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of such the First Securitization and ending upon Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the Note A-2 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationNote A-1) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-2 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 2 contracts
Samples: Agreement Between Note Holders (Bank 2018-Bnk12), Agreement Between Note Holders (Bank 2018-Bnk11)
Custody of Mortgage Loan Documents. Prior to the date of the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall will be held by a duly appointed custodian of the Initial Agent (or its designee) on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Datedate of the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First SecuritizationNon-Lead Securitization Note) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If On and after the First Securitization does not include date of any subsequent Securitization, any Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon included in the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in Trust related to such First Securitization) Securitization shall be held in the name of the trustee of the related Securitization Trust (and held by a duly appointed custodian therefor) under the applicable First related Securitization Note PSAServicing Agreement, on behalf of the registered holders related Note Holder. Notwithstanding the foregoing, in the event Note A-1 is not deposited into the First Securitization, upon transfer of Note A-1 to the Notes; and (b) on and after the Securitization DateNote A-1 Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 A-2 and any other Notes included in the Non-Lead Securitization closing on the Securitization DateNotes, if applicable) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes.
Appears in 2 contracts
Samples: Agreement Between Note Holders (Bank5 2023-5yr1), Agreement Between Note Holders (FIVE 2023-V1 Mortgage Trust)
Custody of Mortgage Loan Documents. Prior to the First SecuritizationSecuritization Date, the originals of all of the Mortgage Loan Documents (except for the Notes) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each . Each of the Notes shall will be held by its respective Noteholder Note Holder or a duly appointed custodian of such NoteholderNote Holder. If the First Securitization includes is also the Note A-1A-2 Securitization, on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First SecuritizationA-2) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementNote A-2 PSA, on behalf of the registered holders of the Notes. If the First Securitization does is not include also the Note A-1A-2 Securitization, then (a) for on and after the period beginning upon Securitization Date but prior to the closing of such First Securitization and ending upon the Note A-2 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationSecuritization Note) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Note A-2 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization DateA-2) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementNote A-2 PSA, on behalf of the registered holders of the Notes.
Appears in 2 contracts
Samples: Agreement Between Note Holders (Bank 2019-Bnk16), Agreement Between Note Holders (Bank 2018-Bnk15)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than the originals of the Non-Lead Securitization Notes) shall be held in the name of the Trustee (by a duly appointed custodian therefor), in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes; provided that if the First Securitization is not the Note A-1 and any Securitization, (i) the originals of all of the Mortgage Loan Documents (other Notes included in such than the Note being deposited into the First Securitization) shall be transferred to and held in the name of the trustee Non-Lead Trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementFirst Securitization, on behalf of the registered holders of the Notes. If , until the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First SecuritizationNote A-2) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 2 contracts
Samples: Agreement Between Note Holders (Bank 2017-Bnk6), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C1)
Custody of Mortgage Loan Documents. Prior to On and after the First closing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for other than the originals of the Non-Lead Securitization Notes) shall be held by the Trustee through a duly appointed custodian therefor, in accordance with the terms of the Initial Agent Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes; provided that if the First Securitization is not the Note A-1-1 Securitization, (i) the originals of all of the Mortgage Loan Documents (other than the Notes not being deposited into the First Securitization) shall be transferred to and held by the Trustee (of the First Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, and each until the closing of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1-1 Securitization, on and after the Securitization Datewhich date, the originals of all of the Mortgage Loan Documents (except for other than the Notes other than not being deposited into the Note A-1 and any other Notes included in such First A-1-1 Securitization) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, -1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 2 contracts
Samples: Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2019-C53), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2019-C17)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notesother than Note A-0, Xxxx X-0, Xxxx X-0 and Note A-4) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes is also the Note A-1A-2 Securitization, then on and after the Note A-2 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 A-1, Note A-3 and Note A-4) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Note A-2 PSA, on behalf of the registered holders of the Notes; provided however, if the First Securitization is not also the Note A-2 Securitization, the originals of all of the Mortgage Loan Documents (other than any other Notes Note that was not included in such First Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under such Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes, until the Note A-2 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (other than any Note that was not included in such Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization Date) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, A-2 PSA on behalf of the registered holders of the Notes.
Appears in 1 contract
Samples: Agreement Between Note Holders (CFCRE 2017-C8 Mortgage Trust)
Custody of Mortgage Loan Documents. Prior to On and after the First closing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for other than the originals of the Non-Lead Securitization Notes) shall be held by the Trustee through a duly appointed custodian therefor, in accordance with the terms of the Initial Agent Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes; provided that if the First Securitization is not the Note A-1-1 Securitization, (i) the originals of all of the Mortgage Loan Documents (other than the Notes not being deposited into the First Securitization) shall be transferred to and held by the Trustee (of the First Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, and each until the closing of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1-1 Securitization, on and after the Securitization Datewhich date, the originals of all of the Mortgage Loan Documents (except for other than the Notes other than not being deposited into the Note A-1 and any other Notes included in such First A-1-1 Securitization) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, -1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for other than the Notes other than not being deposited into the Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization DateA-1-1 Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 1 contract
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than the originals of the Non-Lead Securitization Notes) shall be held in the name of the Trustee (by a duly appointed custodian therefor), in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes; provided that if the First Securitization is not the Note A-1 and any Securitization, (i) the originals of all of the Mortgage Loan Documents (other Notes included in such than the Note being deposited into the First Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing AgreementFirst Securitization, on behalf of the registered holders of the Notes. If , until the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 A-2 and any other Notes included in the Lead Securitization closing on the Securitization DateNote A-3) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, Note A-1 PSA on behalf of the registered holders of the Notes; and (ii) all Mortgage Loan Documents (other than the Note that is deposited into the First Securitization) shall not be recorded or filed to reflect the name of the trustee under the Securitization Servicing Agreement for the First Securitization (except to the extent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 1 contract
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notesother than Note A-0, Xxxx X-0, Note A-3, Note A-4 and Note A-5) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes is also the Note A-1A-1 Securitization, then on and after the Note A-1 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-0, Xxxx X-0, Xxxx X-0 and Note A-5) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Note A-1 and PSA, on behalf of the registered holders of the Notes; provided however, if the First Securitization is not also the Note A-1 Securitization, the originals of all of the Mortgage Loan Documents (other than any other Notes Note that was not included in such First Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under such Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes, until the Note A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (other than any Note that was not included in such Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization Date) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, PSA on behalf of the registered holders of the Notes.
Appears in 1 contract
Samples: Agreement Between Note Holders (CFCRE 2017-C8 Mortgage Trust)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for the Notesother than Note X-0, Xxxx X-0, Xxxx X-0 and Note A-4) shall will be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes is also the Note A-1A-2 Securitization, then on and after the Note A-2 Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 A-1, Note A-3 and Note A-4) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Note A-2 PSA, on behalf of the registered holders of the Notes; provided however, if the First Securitization is not also the Note A-2 Securitization, the originals of all of the Mortgage Loan Documents (other than any other Notes Note that was not included in such First Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under such Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes, until the Note A-2 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (other than any Note that was not included in such Lead Securitization) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If the First Securitization does not include Note A-1, then (a) for the period beginning upon the closing of such First Securitization and ending upon the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Notes included in such First Securitization) shall be held in the name of the trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, on behalf of the registered holders of the Notes; and (b) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in the Lead Securitization closing on the Securitization Date) shall be transferred to and held in the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, A-2 PSA on behalf of the registered holders of the Notes.
Appears in 1 contract
Samples: Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C1)
Custody of Mortgage Loan Documents. Prior to the First Securitization, the originals of all of the Mortgage Loan Documents (except for other than the Notes) shall be held by a duly appointed custodian of the Initial Agent on behalf of the registered holders of the Notes, and each of the Notes shall be held by its respective Noteholder or a duly appointed custodian of such Noteholder. If the First Securitization includes Note A-1, on On and after the Securitization Dateclosing of the Lead Securitization, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-1 and any other Notes included in such First Securitizationthe originals of the Non-Lead Securitization Notes) shall be transferred to and held in the name of the trustee (and held by the Trustee through a duly appointed custodian therefor) under , in accordance with the terms of the Lead Securitization Servicing Agreement, on behalf of the registered holders of the Notes. If ; provided that if the First Securitization does is not include the Note A-1A-1 Securitization, then (ai) for the period beginning upon originals of all of the closing Mortgage Loan Documents (other than the Note being deposited into the First Securitization) shall be transferred to and held by the Trustee (of such the First Securitization and ending upon Securitization) through a duly appointed custodian therefor under the First Securitization, on behalf of the registered holders of the Notes, until the Note A-1 Securitization Date, on which date, the originals of all of the Mortgage Loan Documents (except for the Notes other than Note A-2 (unless also deposited into the Notes included in such First Note A-1 Securitization), Note A-3 and Note A-4) shall be transferred to and held in the name of the trustee Trustee (and held by a duly appointed custodian therefor) under the applicable First Securitization Note PSA, A-1 PSA on behalf of the registered holders of the Notes; and (bii) on and after the Securitization Date, the originals of all of the Mortgage Loan Documents (except for the Notes other than the Note A-1 and any other Notes included in that is deposited into the Lead Securitization closing on the Securitization DateFirst Securitization) shall not be transferred recorded or filed to and held in reflect the name of the trustee (and held by a duly appointed custodian therefor) under the Securitization Servicing Agreement, on behalf of Agreement for the registered holders of First Securitization (except to the Notesextent specifically provided for in the Securitization Servicing Agreement for the First Securitization).
Appears in 1 contract