Common use of Delivery and Possession of Servicing Files Clause in Contracts

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Owner shall deliver or cause to be delivered to the Master Servicer (a) a Servicing File with respect to each Mortgage Loan; and (b) the amounts, if any, received by the Owner representing Escrow Payments previously made by the Borrowers. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer shall be held by the Master Servicer for the benefit of the Owner as the owner thereof; the Master Servicer’s possession of the contents of each Servicing File so delivered is for the sole purpose of servicing the related Mortgage Loan; and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Owner, and upon request of the Owner, the Master Servicer shall deliver to the Owner the Servicing File or a copy of any document contained therein; provided, however, that if the Master Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Loan after any such release or delivery of the Servicing File, then the Master Servicer shall not be liable to the Owner or any third party while the related Servicing File is not in the Master Servicer’s possession for any inability of the Master Servicer to perform any such obligation hereunder and Master Servicer may terminate this Agreement with respect to such Mortgage Loan immediately upon written notice to the Owner.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Owner Issuer (or the Collateral Manager acting on behalf of the Issuer) shall deliver or cause to be delivered to the Master Servicer (ai) a Servicing File with respect to each Serviced Mortgage Loan; and (bii) the amounts, if any, received by the Owner Issuer representing Escrow Payments previously made by the BorrowersObligors. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer are and shall be held in trust by the Master Servicer on behalf of the Issuer for the benefit of the Owner as the owner thereof; the Master Relevant Parties in Interest. The Servicer’s possession of the contents of each Servicing File so delivered is shall be for the sole purpose of servicing the related Mortgage Loan; Loan and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the OwnerIssuer (or the Collateral Manager acting on behalf of the Issuer), and upon request of the OwnerIssuer (or the Collateral Manager acting on behalf of the Issuer), the Master Servicer shall deliver to the Owner Issuer, or its nominee, the Servicing File or a copy of any document contained therein; provided, however, that if the Master Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Loan after as a result of any such release or delivery of the Servicing File, then the Master Servicer shall not be liable to the Owner or any third party liable, while the related Servicing File is not in the Master Servicer’s possession possession, for any inability of the Master Servicer failure to perform any such obligation hereunder and Master Servicer may terminate this Agreement with respect to such the related Mortgage Loan immediately upon written notice to the OwnerLoan.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Owner Master Servicer shall deliver or cause to be delivered to the Master Servicer (ai) a Servicing File with respect to each Mortgage Loan; and (bii) the amounts, if any, received by the Owner Master Servicer representing Escrow Payments previously made by the Borrowers. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer are and shall be held in trust by the Master Servicer for the benefit of the Owner Master Servicer as the owner thereofthereof or, in the case of a Securitization, held in trust by the Servicer for the benefit of the Securitization trust; the Master Servicer’s possession of the contents of each Servicing File so delivered is for the sole purpose of servicing the related Mortgage Loan; and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the OwnerMaster Servicer, and upon request of the OwnerMaster Servicer, the Master Servicer shall deliver to the Owner Master Servicer the Servicing File or a copy of any document contained therein; provided, however, that if the Master Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Loan after any such release or delivery of the Servicing File, then the Master Servicer shall not be liable to the Owner or any third party while the related Servicing File is not in the Master Servicer’s possession responsibilities for any inability of the Master Servicer to perform any such obligation hereunder and Master Servicer may terminate this Agreement Loan Servicing with respect to such Mortgage Loan may be terminated immediately by the Servicer upon written notice to the OwnerMaster Servicer.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Owner Issuer (or the Collateral Manager acting on behalf of the Issuer) shall deliver or cause to be delivered to the Master Servicer (ai) a Servicing File with respect to each Mortgage LoanCollateral Obligation; and (bii) the amounts, if any, received by the Owner Issuer representing Escrow Payments previously made by the BorrowersObligors. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer are and shall be held in trust by the Master Servicer for the benefit of the Owner as the owner thereof; the Master Issuer. The Servicer’s possession of the contents of each Servicing File so delivered is shall be for the sole purpose of servicing the related Mortgage Loan; Collateral Obligation and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the OwnerCollateral Manager, and upon request of the OwnerCollateral Manager, the Master Servicer shall deliver to the Owner Issuer, or its nominee, the Servicing File or a copy of any document contained therein; provided, however, that if the Master Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Loan Collateral Obligation after any such release or delivery of the Servicing File, then the Master Servicer shall not be liable to the Owner or any third party liable, while the related Servicing File is not in the Master Servicer’s possession possession, for any inability of the Master Servicer failure to perform any such obligation hereunder and Master Servicer may terminate this Agreement with respect to such Mortgage Loan immediately upon written notice to the Ownerrelated Collateral Obligation.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Closing Date, the Owner Issuer shall deliver or cause to be delivered to the Master Servicer (ai) a Servicing File with respect to each Mortgage Loan; Commercial Real Estate Loan and (bii) the amounts, if any, received by the Owner Issuer representing Escrow Payments previously made by the BorrowersObligors. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer are and shall be held in trust by the Master Servicer on behalf of the Issuer for the benefit of the Owner as the owner thereof; the Master Relevant Parties in Interest. The Servicer’s possession of the contents of each Servicing File so delivered is shall be for the sole purpose of servicing the related Mortgage Loan; Commercial Real Estate Loan and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the OwnerSpecial Servicer, and upon written request of the OwnerSpecial Servicer, the Master Servicer shall deliver to the Owner Issuer, or its nominee, the Servicing File or a copy of any document contained thereintherein in accordance with such written requests; provided, however, that if the Master Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Commercial Real Estate Loan after as a result of any such release or delivery of the Servicing File, then the Master Servicer shall not be liable to the Owner or any third party liable, while the related Servicing File is not in the Master Servicer’s possession possession, for any inability of the Master Servicer failure to perform any such obligation hereunder and Master Servicer may terminate this Agreement with respect to such Mortgage Loan immediately upon written notice to the Ownerrelated Commercial Real Estate Loan.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Closing Date, the Owner Issuer shall deliver or cause to be delivered to the Master Servicer (ai) a Servicing File with respect to each Mortgage Loan; and (bii) the amounts, if any, received by the Owner Issuer representing Escrow Payments previously made by the BorrowersObligors. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer are and shall be held in trust by the Master Servicer on behalf of the Issuer for the benefit of the Owner as the owner thereof; the Master Relevant Parties in Interest. The Servicer’s possession of the contents of each Servicing File so delivered is shall be for the sole purpose of servicing the related Mortgage Loan; Loan and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the OwnerSpecial Servicer, and upon written request of the OwnerSpecial Servicer, the Master Servicer shall deliver to the Owner the Servicing File or a copy of any document contained thereintherein in accordance with such written requests; provided, however, that if the Master Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Loan after as a result of any such release or delivery of the Servicing File, then the Master Servicer shall not be liable to the Owner or any third party liable, while the related Servicing File is not in the Master Servicer’s possession possession, for any inability of the Master Servicer failure to perform any such obligation hereunder and Master Servicer may terminate this Agreement with respect to such the related Mortgage Loan immediately upon written notice to the OwnerLoan.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Owner shall deliver or cause to be delivered to the Master Servicer (ai) a Servicing File with respect to each Mortgage Loan; and (bii) the amounts, if any, received by the Owner representing Escrow Payments previously made by the Borrowers. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer are and shall be held in trust by the Master Servicer for the benefit of the Owner as the owner thereof; the Master Servicer’s 's possession of the contents of each Servicing File so delivered is for the sole purpose of servicing the related Mortgage Loan; and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Owner, and upon request of the Owner, the Master Servicer shall deliver to the Owner the Servicing File or a copy of any document contained therein; provided, -------- however, that if the Master Servicer is unable to perform its Loan Servicing ------- obligations with respect to the related Mortgage Loan after any such release or delivery of the Servicing File, then the Master Servicer shall not be liable to the Owner or any third party while the related Servicer's responsibilities for Loan Servicing File is not in the Master Servicer’s possession for any inability of the Master Servicer to perform any such obligation hereunder and Master Servicer may terminate this Agreement with respect to such Mortgage Loan may be terminated immediately by the Servicer upon written notice to the Owner.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Closing Date, the Owner Issuer shall deliver or cause to be delivered to the Master Servicer (ai) a Servicing File with respect to each Mortgage Commercial Real Estate Loan; and (bii) the amounts, if any, received by the Owner Issuer representing Escrow Payments previously made by the BorrowersObligors. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer are and shall be held in trust by the Master Servicer on behalf of the Issuer for the benefit of the Owner as the owner thereof; the Master Relevant Parties in Interest. The Servicer’s possession of the contents of each Servicing File so delivered is shall be for the sole purpose of servicing the related Mortgage Loan; Commercial Real Estate Loan and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the OwnerSpecial Servicer, and upon written request of the OwnerSpecial Servicer, the Master Servicer shall deliver to the Owner the Servicing File or a copy of any document contained thereintherein in accordance with such written requests; provided, however, that if the Master Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Commercial Real Estate Loan after as a result of any such release or delivery of the Servicing File, then the Master Servicer shall not be liable to the Owner or any third party liable, while the related Servicing File is not in the Master Servicer’s possession for any inability of the Master Servicer to perform any such obligation hereunder and Master Servicer may terminate this Agreement with respect to such Mortgage Loan immediately upon written notice to the Owner.00000000.00.XXXXXXXX -44-