Delivery of Mortgage Files. In connection with the transfer and assignment set forth in Section 2.1 above, the Seller has delivered or caused to be delivered to the Trustee or to the Custodian on its behalf (or, in the case of the Delay Delivery Mortgage Loans, will deliver or cause to be delivered to the Trustee or to the Custodian on its behalf within thirty (30) days following the Closing Date) the following documents or instruments with respect to each Mortgage Loan so assigned (collectively, the "Mortgage Files"):
(1) the original Mortgage Note endorsed by manual or facsimile signature in blank in the following form: "Pay to the order of ________________, without recourse," with all intervening endorsements showing a complete chain of endorsement from the originator to the Person endorsing the Mortgage Note (each such endorsement being sufficient to transfer all right, title and interest of the party so endorsing, as noteholder or assignee thereof, in and to that Mortgage Note); or
(2) with respect to any Lost Mortgage Note, a lost note affidavit from the Seller stating that the original Mortgage Note was lost or destroyed, together with a copy of such Mortgage Note;
(b) except as provided below and for each Mortgage Loan that is not a MERS Mortgage Loan, the original recorded Mortgage or a copy of such Mortgage certified by the Seller as being a true and complete copy of the Mortgage, and in the case of each MERS Mortgage Loan, the original Mortgage, noting the presence of the MIN of the Mortgage Loans and either language indicating that the Mortgage Loan is a MOM Loan if the Mortgage Loan is a MOM Loan or if the Mortgage Loan was not a MOM Loan at origination, the original Mortgage and the assignment thereof to MERS, with evidence of recording indicated thereon, or a copy of the Mortgage certified by the public recording office in which such Mortgage has been recorded;
(c) a duly executed assignment of the Mortgage in blank (which may be included in a blanket assignment or assignments), together with, except as provided below, all interim recorded assignments of such mortgage (each such assignment, when duly and validly completed, to be in recordable form and sufficient to effect the assignment of and transfer to the assignee thereof, under the Mortgage to which the assignment relates); provided that, if the related Mortgage has not been returned from the applicable public recording office, such assignment of the Mortgage may exclude the information to be provided by the recor...
Delivery of Mortgage Files. On the Closing Date, the Company shall deliver to and deposit with, or cause to be delivered to and deposited with, the Trustee or the Initial Custodian the Mortgage Files, which shall at all times be identified in the records of the Trustee or the Initial Custodian, as applicable, as being held by or on behalf of the Trust. Concurrently with the execution and delivery hereof, the Company shall cause to be filed with respect to each Cooperative Loan the UCC assignment or amendment referred to in clause (Y)(vii) of the definition of “Mortgage File.” In connection with its servicing of Cooperative Loans, the Servicer shall use its best efforts to file timely continuation statements, if necessary, with regard to each financing statement relating to a Cooperative Loan. The Trustee is authorized, with the Servicer’s consent, to appoint on behalf of the Trust any bank or trust company approved by each of the Company and the Servicer as Custodian of the documents or instruments referred to in this Section 2.05 or in Section 2.12, and to enter into a Custodial Agreement for such purpose; provided, however, that the Trustee shall be and remain liable for the acts and omissions of any such Custodian to the extent (and only to the extent) that it would have been liable for such acts and omissions hereunder had such acts and omissions been its own acts and omissions. Any documents delivered by the Company or the Servicer to the Custodian, if any, shall be deemed to have been delivered to the Trustee for all purposes hereunder; and any documents held by the Custodian, if any, shall be deemed to be held by the Trustee for all purposes hereunder. There shall be a written Custodial Agreement between the Trustee and each Custodian. Each Custodial Agreement shall contain an acknowledgment by the Custodian that all Mortgage Pool Assets, Mortgage Files, and other documents and property held by it at any time are held by it for the benefit of the Trust. Pursuant to the Initial Custodial Agreement, the Initial Custodian shall perform responsibilities of the Trustee on the Trustee’s behalf with respect to the delivery, receipt, examination, custody and release of the Mortgage Files related to the Mortgage Loans identified in the Initial Custodial Agreement, as provided therein. The Trustee shall not have any responsibility for the acts or omissions of the Initial Custodian; provided, however, that nothing herein shall relieve the Trustee from liability for its own negligent acti...
Delivery of Mortgage Files. The Mortgage and any other documents required to be delivered by the Company under the Custodial Agreement attached as Exhibit C hereto for the Mortgage Loans have been delivered to the Custodian. The Company is in possession of a complete, true and accurate Mortgage File in compliance with Exhibit B, except for such documents the originals of which have been delivered to the Custodian;
Delivery of Mortgage Files. In connection with the transfer and assignment set forth in Section 2.1 above, the Seller has delivered or caused to be delivered to the Trustee or to the Custodian on its behalf (or, in the case of the Delay Delivery Mortgage Loans, will deliver or cause to be delivered to the Trustee or to the Custodian on its behalf within thirty (30) days following the Closing Date) the following documents or instruments with respect to each Mortgage Loan so assigned (collectively, the “Mortgage Files”):
(a) (1) the original Mortgage Note endorsed by manual or facsimile signature in blank in the following form: “Pay to the order of ________________, without recourse,” with all intervening endorsements showing a complete chain of endorsement from the originator to the Person endorsing the Mortgage Note (each such endorsement being sufficient to transfer all right, title and interest of the party so endorsing, as noteholder or assignee thereof, in and to that Mortgage Note); or
Delivery of Mortgage Files. The Mortgage Loan Documents and any other documents required to be delivered by the Company under this Agreement for the Mortgage Loans have been delivered to the Custodian (except for those submitted for recordation). The Company is in possession of a complete, true and accurate Mortgage File in compliance with Exhibit F, except for such documents the originals of which have been delivered to the Custodian or submitted for recordation;
Delivery of Mortgage Files. The Mortgage Loan Documents required to be delivered by the Company have been delivered to the Custodian. The Company is in possession of a complete, true and accurate Mortgage File in compliance with Exhibit B, except for such documents the originals of which have been delivered to the Custodian or for such documents where the originals of which have been sent for recordation;
Delivery of Mortgage Files. The Depositor shall deliver or cause to be delivered to the Custodian, on a date mutually agreed upon among the parties hereto, a Mortgage Loan Schedule and, to the extent made available to the Depositor, the following documents for each Mortgage Loan listed on such Mortgage Loan Schedule, to be held by the Custodian for the benefit of the Trustee:
(a) With respect to any Mortgage Loan that is not a Co-op Loan:
(i) The original Mortgage Note, bearing all intervening endorsements, endorsed, “Pay to the order of , without recourse” and signed in the name of the applicable Originator, by an authorized officer or, in the case of a Mortgage Loan serviced by FRB, if the original Mortgage Note has been lost or destroyed, a copy of the note together with a lost note affidavit. In the event that the Mortgage Loan was acquired by the Originator in a merger, the endorsement must be by the applicable Originator, as “[APM/BAY/BCM/BEN/BP/CHE/CMC/CSF/CTB/EHL/EMM/FAM/FCL/FCM/FID/ FIM/FRB/FRE/FUL/GFC/GFI/HNB/LB/MFC/MMI/PHH/PL/PLZ/PRO/PSB/SBT/SFS/SC/SSB/UMP/WJ/ WMC], successor by merger to [name of predecessor]”; and in the event that the Mortgage Loan was acquired or originated by APM, BAY, BCM, BEN, BP, CHE, CMC, CSF, CTB, EHL, EMM, FAM, FCL, FCM, FID, FIM, FRB, FRE, FUL, GFC, GFI, HNB, LB, MFC, MMI, PHH, PL, PLZ, PRO, PSB, SBT, SC, SFS, SSB, UMP, WJ or WMC while doing business under another name, the endorsement must be by APM, BAY, BCM, BEN, BP, CHE, CMC, CSF, CTB, EHL, EMM, FAM, FCL, FCM, FID, FIM, FRB, FRE, FUL, GFC, GFI, HNB, LB, MFC, MMI, PHH, PL, PLZ, PRO, PSB, SBT, SC, SFS, SSB, UMP, WJ or WMC, as the case may be, “[APM/BAY/BCM/BEN/BP/CHE/CMC/CSF/CTB/EHL/EMM/FAM/FCL/FCM/FID/FIM/FRB/FRE/FUL/ GFC/GFI/HNB/LB/MFC/MMI/PHH/PL/PLZ/PRO/PSB/SBT/SFS/SC/SSB/UMP/WJ/WMC], formerly known as [previous name]”. In the event the mortgagee shown on the Mortgage Note is not APM, BAY, BCM, BEN, BP, CHE, CMC, CSF, CTB, EHL, EMM, FAM, FCL, FCM, FID, FIM, FRB, FRE, FUL, GFC, GFI, HNB, LB, MFC, MMI, PHH, PL, PLZ, PRO, PSB, SBT, SC, SFS, SSB, UMP, WJ or WMC, the endorsement on the Mortgage Note must also reflect a complete chain of title to APM, BAY, BCM, BEN, BP, CHE, CMC, CSF, CTB, EHL, EMM, FAM, FCL, FCM, FID, FIM, FRB, FRE, FUL, GFC, GFI, HNB, LB, MFC, MMI, PHH, PL, PLZ, PRO, PSB, SBT, SC, SFS, SSB, UMP, WJ or WMC, as applicable.
(ii) The original Mortgage, or a copy of the Mortgage, with evidence of recording thereon certified by the appropriate recording office to be a true copy of t...
Delivery of Mortgage Files. The Mortgage, Mortgage Note, Assignment of Mortgage and any other documents required to be delivered by the Company hereunder have been delivered to the Custodian. The Company is in possession of a complete Mortgage File in compliance with Exhibit A, except for such documents the originals of which have been delivered to the Custodian. With respect to each Mortgage Loan for which a lost note affidavit has been delivered to the Custodian in place of the original Mortgage Note, the related Mortgage Note is no longer in existence, and, if such Mortgage Loan is subsequently in default, the enforcement of such Mortgage Loan or of the related Mortgage by or on behalf of the Purchaser will not be affected by the absence of the original Mortgage Note;
Delivery of Mortgage Files. The Seller shall, as directed by the Purchaser, deliver and release to the Custodian no later than five (5) Business Days prior to the related Closing Date (or, with respect to not more than 25% of the Mortgage Loans, at least three (3) Business Days prior to the related Closing Date) the Mortgage Files with respect to each Mortgage Loan in the related Mortgage Loan Package to be purchased by the Purchaser on the related Closing Date. The Custodian shall certify its receipt of all such Mortgage Files for the related Closing Date to the Purchaser, as evidenced by the Initial Certification of the Custodian in the form annexed to the Custodial Agreement. The Seller shall forward to the Custodian, or to such other Person as the Purchaser shall designate in writing, original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with this Agreement within two weeks of their execution, provided, however, that the Seller shall provide the Custodian, or to such other Person as the Purchaser shall designate in writing, with a certified true copy of any such document submitted for recordation within two weeks of its execution, and shall promptly provide the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the original within ninety days of its submission for recordation.
Delivery of Mortgage Files. The Mortgage Loan Documents required to be delivered by the Seller have been delivered to the Custodian. The Seller is in possession of a complete, true and accurate Mortgage File, except for such documents the originals of which have been delivered to the Custodian or for such documents where the originals of which have been sent for recordation;
