Delivery of Mortgage File. Seller shall have delivered to Custodian the Mortgage File with respect to each Mortgage Loan (other than a Wet Loan) subject to the requested Transaction in accordance with the timeframes set forth in the Custodial Agreement.
Delivery of Mortgage File. With respect to each Purchased Mortgage Loan (other than a Wet Ink Mortgage Loan), the Mortgage Note, the Mortgage, the assignment of Mortgage and any other documents required to be delivered under this Agreement and the Custodial Agreement for the Mortgage Loans have been delivered to the Custodian. Seller or its designee is in possession of a complete, true and accurate Mortgage File with respect to the Mortgage Loans, except for such documents the originals of which have been delivered to the Custodian.
Delivery of Mortgage File. Seller shall have delivered to the Custodian the Mortgage File with respect to each Mortgage Loan that is not a Wet-Ink Mortgage Loan and that is subject to the proposed Transaction, and the Custodian shall have issued a Trust Receipt showing no exceptions with respect to each such Mortgage Loan to Buyer as of the related Purchase Date all subject to and in accordance with the Custodial and Disbursement Agreement;
Delivery of Mortgage File. Borrower shall deliver to Custodian the following documents pertaining to each Loan monthly upon the second Business Day of each month for Loans closed or acquired within the prior month. Upon delivery by Borrower, without any further act by any party, Borrower shall be deemed to certify to the Lender that the Loans pledged on such date are not subject to a lien of any third party.
(a) the Mortgage File; including originals or certified copies where indicated of the following, provided, however, that as to documents which have been delivered or are being delivered to recording offices for recording and have not been returned to Borrower in time to permit their delivery hereunder at the time of such transfer, and in lieu of delivering such original documents or certified copies where permitted, Borrower has delivered to Custodian a true copy thereof, and provided further that provided that, the original assignment of mortgage to Borrower with mortgage recording information thereon, shall be delivered by Borrower to Custodian within fourteen (14) days of the related acquisition date, and Borrower shall deliver all other original or certified documents when received:
(i) original promissory note and any allonges;
(ii) original Mortgage reflecting recording information;
(iii) original Assignment of Mortgage to Lender (in blank and unrecorded) , together with all intervening assignments of mortgage;
(iv) title commitment;
(v) policy of title insurance.
(b) With respect to all Mortgage Files, from time to time, Borrower shall forward to Custodian additional original documents or additional documents evidencing any assumption, modification, consolidation or extension of a Loan approved by Borrower (or the servicer on its behalf), and Custodian shall hold such other documents as the Lender shall request from time to time.
(c) Additionally, on or promptly following the execution date of this Agreement, the Borrower shall cause the delivery of Mortgage Files held by U.S. Bank National Association as custodian under the Custody Agreement dated as of April 30, 2014 (as amended on May 27, 2014) ( the “Initial Custody Agreement”) among Iron Bridge Mortgage Fund LLC, Iron Bridge Realty LLC, Sunwest Bank and U.S. and National Association (collectively, “Previously Held Mortgage Files”), to the Custodian under this Custody Agreement. The Custodian shall have no obligation to perform a review of the Previously Held Mortgage Files and no obligation to provide a Trust Receipt...
Delivery of Mortgage File. Pursuant to the terms of the Custodial Agreement, (A) Seller has delivered to Custodian the Mortgage File with respect to each Purchased Asset and (B) Custodian has issued a Trust Receipt with respect to each such Purchased Asset to Buyer.
Delivery of Mortgage File. The Seller has delivered to the Trustee or a Custodian appointed thereby, with respect to each Mortgage Loan, in accordance with Section 2 of this Agreement, a complete Mortgage File.
Delivery of Mortgage File. (a) The Borrower shall from time to time deliver Mortgage Files to the Custodian to be held hereunder, which shall be reviewed by the Custodian as provided in Section 3. With respect to each Advance, (i) in the case of Dry Loans, the Borrower shall provide written notice, in the form of a Notice of Borrowing and Pledge together with the related Mortgage Loan Transmission, to the Lender and the Custodian with respect to such Dry Loans which are to be used as Collateral no later than 6:00 p.m. (eastern time) on the day prior to the requested Funding Date, (ii) in the case of AM Funded Wet Loans, the Borrower shall provide written notice, in the form of a Notice of Borrowing and Pledge together with the related Mortgage Loan Transmission to the Lender and the Custodian with respect to such AM Funded Wet Loans which are to be used as Collateral no later than 5:00 p.m. (eastern time) on the day prior to the requested Funding Date, (iii) in the case of PM Funded Wet Loans, the Borrower shall provide written notice, in the form of a Notice of Borrowing and Pledge together with the related Mortgage Loan Transmission, to the Lender and the Custodian with respect to such PM Funded Wet Loans which are to be used as Collateral no later than 12:00 noon (eastern time) on the requested Funding Date, and (iv) in the case of Dry Loans, the Borrower shall have delivered to the Custodian the items set forth on Annex 16 hereto pertaining to the Dry Loans which shall secure the Advance to be made on such Funding Date, not later than 12:00 noon (eastern time) on the day prior to the requested Funding Date. Notwithstanding anything herein to the contrary, in the event that more than 250 Mortgage Files are to be delivered on any Funding Date, the Custodian shall have such additional time to complete its review of such Mortgage Files in excess of 250 as agreed between the Custodian and the related Borrower. In such event, the related Borrower shall deliver the Mortgage Files to the Custodian so that the Custodian shall have the time required to complete its review and issue the required Trust Receipts on the Funding Date. Following the Custodian's review of the items specified above, the Custodian shall deliver to the Lender a notice of intent to Issue Trust Receipt not later than 6:00 p.m. (eastern time) on the day prior to the requested Funding Date for any AM Funded Wet Loans, not later than 1:00 p.m. (eastern time) on the requested Funding Date for any PM Funded Wet Loans, and...
Delivery of Mortgage File. With respect to Transactions the subject of which are Mortgage Loans other than Wet-Ink Mortgage Loans and Repurchased Mortgage Loans, the Sellers shall have delivered to the Custodian the Mortgage File with respect to each Purchased Mortgage Loan and the Custodian shall have issued a Trust Receipt with respect to each such Purchased Mortgage Loan to the Buyer.
Delivery of Mortgage File. If requested by Lender, Borrower covenants and agrees to deliver or cause to be delivered to Lender the Mortgage File with respect to each Pledged Mortgage Loan.
Delivery of Mortgage File. (a) On the Delivery Date, Company shall deliver, or cause to be delivered, to Custodian, or to the extent already in possession of Custodian, Custodian shall continue to hold, the mortgage file containing all the agreements, deeds and proceedings evidencing the Mortgage Loans and the real property securing such Mortgage Loans, as well as any architectural and engineering reports, title reports, surveys, insurance policies and other information material with respect to the Mortgage Loans or the real property securing the Mortgage Loans (the "Mortgage File"), to be held on behalf of Company. Custodian's signature to this Agreement shall serve as an acknowledgement of the receipt of the Mortgage File, subject to Section 1(b) hereof.
(b) With respect to any documents that have been sent for recording by Company on the Delivery Date, Company shall deliver or cause to be delivered such original documents or acknowledgement copies thereof with evidence of recording thereon to Custodian upon receipt and Custodian shall have no responsibility for such recording. Custodian shall hold such original recorded documents or acknowledgement copies delivered to it in trust for the benefit of Company in accordance with the terms hereof.
