Common use of Delivery of Mortgage Loan Documents Clause in Contracts

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 days after its execution, provided, however, that if delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordation, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 10 contracts

Samples: Master Interim Servicing Agreement (HarborView 2007-6), Master Interim Servicing Agreement (HarborView 2007-4), Master Interim Servicing Agreement (HarborView 2006-14)

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Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, provided, however, that if delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s 's need therefore no longer exists.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-2), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2004-6)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after within 4 week(s) of their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly within 4 week(s) after its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached hereto as Exhibit D. The Custodian shall deliver to the Custodial Agreement. During Servicer within five (5) Business Days, any requested Mortgage Loan Document previously delivered to the Custodian, provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2006-2), Pooling and Servicing Agreement (Prime Mortgage Trust 2006-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after within 4 week(s) of their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly within 4 week(s) after its execution, and shall provide the original of any document submitted for recordation or a copy of such a recorded document certified by the appropriate public recording office to be a true and complete copy of if the original promptly after receipt thereof, but in no event later than 180 days after its execution, provided, however, that if is not available. If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached hereto as Exhibit D. The Custodian shall deliver to the Custodial Agreement. During Servicer within five (5) Business Days, any requested Mortgage Loan Document previously delivered to the Custodian, provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2007-2), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3), Custodial Agreement (Bear Stearns ARM Trust 2007-5)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached hereto as Exhibit D. The Custodian shall deliver to the Custodial Agreement. During Servicer within five (5) Business Days, any requested Mortgage Loan Document previously delivered to the Custodian, provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 4 contracts

Samples: Recognition Agreement (Bear Stearns ALT-A Trust 2006-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 days after its execution, provided, however, that if delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 3 contracts

Samples: Reconstitution Agreement (HarborView 2007-2), Reconstitution Agreement (HarborView 2007-7), A Servicing Agreement (Harborview 2006-Bu1)

Delivery of Mortgage Loan Documents. The Servicer shall forward forward, or shall cause the Subservicer to forward, to the Custodian on behalf of the Owner Indenture Trustee original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide provide, or shall cause the Subservicer to provide, to the Custodian on behalf of the Owner with Indenture Trustee a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, ; provided, however, that if such delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents documents, itself or through the Subservicer, and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer or the Subservicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer or the Subservicer shall require any of the Mortgage Loan Documents, the Servicer or the Subservicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the ServicerServicer or the Subservicer, such possession is in trust for the benefit of the OwnerIssuer and the Indenture Trustee on behalf of the Noteholders, and the Servicer or the Subservicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s or the Subservicer’s need therefore therefor no longer exists.

Appears in 3 contracts

Samples: Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, provided, however, that if delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2005-4), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2005-3)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 days after its execution, provided, however, that if delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 2 contracts

Samples: Servicing Agreement, Ubs Real Estate (MASTR Second Lien Trust 2006-1)

Delivery of Mortgage Loan Documents. The Servicer shall forward forward, or shall cause the Subservicer to forward, to the Custodian on behalf of the Owner Trustee original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide provide, or shall cause the Subservicer to provide, to the Custodian on behalf of the Owner with Trustee a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, ; provided, however, that if such delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents documents, itself or through the Subservicer, and effect delivery as soon as possible after its receipt thereof. From time to time time, the Servicer or the Subservicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer or the Subservicer shall require any of the Mortgage Loan Documents, the Servicer or the Subservicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the ServicerServicer or the Subservicer, such possession is in trust for the benefit of the OwnerTrustee on behalf of the Certificateholders, and the Servicer or the Subservicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s or the Subservicer’s need therefore therefor no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (People's Financial Realty Mortgage Securities 2006-1)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after within one week of their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after within one week of its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the CustodianOwner. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian Owner in writing of such request, which request shall specify in reasonable detail the form Servicer's reason for the request. The Owner shall deliver to the Servicer within a reasonable period of time, any requested documentation previously delivered to the Owner as part of the request for release attached Mortgage File, provided that such documentation is promptly returned to the Custodial Agreement. During Owner when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of and at the will of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian Indenture Trustee on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian Indenture Trustee on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, provided, however, that if delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the CustodianIndenture Trustee. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian Indenture Trustee in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian Indenture Trustee upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-2)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner Trust original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner Trust with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, provided, however, that if delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its reasonable best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit G. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the OwnerTrust, and the Servicer shall return such documentation to the Custodian upon the request of the Owner Trustee or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after within 4 week(s) of their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly within 4 week(s) after its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached hereto as EXHIBIT D. The Custodian shall deliver to the Custodial Agreement. During Servicer within five (5) Business Days, any requested Mortgage Loan Document previously delivered to the Custodian, provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (Prime Mortgage Trust 2005-5)

Delivery of Mortgage Loan Documents. The Servicer shall forward forward, or shall cause the Subservicer to forward, to the Custodian on behalf of the Owner Indenture Trustee original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide provide, or shall cause the Subservicer to provide, to the Custodian on behalf of the Owner with Indenture Trustee a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, ; provided, however, that if such delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents documents, itself or through the Subservicer, and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer or the Subservicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer or the Subservicer shall require any of the Mortgage Loan Documents, the Servicer or the Subservicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the ServicerServicer or the Subservicer, such possession is in trust for the benefit of the OwnerIssuing Entity and the Indenture Trustee on behalf of the Noteholders, and the Servicer or the Subservicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s or the Subservicer’s need therefore therefor no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (Peoples Choice Home Loan Securities Corp)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 days after its execution, provided, however, that if delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s 's need therefore no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (Luminent Mortgage Trust 2006-6)

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Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner and for the benefit of Lender original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner and for the benefit of Lender with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to provided for in the Custodial Agreement. During As set forth in Section 5 of the Custodial Agreement, the Custodian (with the written consent of the Lender, as applicable) shall deliver to the Servicer a copy of any requested Mortgage Loan Document previously delivered to the Custodian; provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer existsLender.

Appears in 1 contract

Samples: Servicing Agreement (American Business Financial Services Inc /De/)

Delivery of Mortgage Loan Documents. The Servicer Subservicer shall forward to the Custodian on behalf of the Owner Company original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer Subservicer shall provide the Custodian on behalf of the Owner Company with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, provided, however, that if delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer Subservicer shall continue to use its reasonable best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer Subservicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer Subservicer shall require any of the Mortgage Loan Documents, the Servicer Subservicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit I. During the time that any such documentation is held by the ServicerSubservicer, such possession is in trust for the benefit of the OwnerCompany, and the Servicer Subservicer shall return such documentation to the Custodian upon the request of the Owner Company or when the ServicerSubservicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Subservicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 4.19 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its reasonable best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached hereto as Exhibit G. The Owner shall cause the Custodian to deliver to the Custodial Agreement. During Servicer any requested Mortgage Loan Document previously delivered to the Custodian, provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner and for the benefit of Lender original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner and for the benefit of Lender with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to provided for in the Custodial Agreement. During The Custodian shall deliver to the Servicer within five (5) Business Days, any requested Mortgage Loan Document previously delivered to the Custodian but only with the consent of the Lender, provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, Owner and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer existsLender.

Appears in 1 contract

Samples: Servicing Agreement (American Business Financial Services Inc /De/)

Delivery of Mortgage Loan Documents. The Servicer shall forward No later than five (5) days prior to the Custodian Closing Date, the Seller shall, on behalf and at the direction of the Owner Purchaser, use its best efforts to deliver the documents listed in the definition of File to the Trustee for each Mortgage Loan. If the Seller cannot deliver any required original or certified copies of recorded documents evidencing an assumptionconstituting the File on or before five (5) days prior to the Closing Date, modificationthe Seller shall, consolidation promptly upon receipt thereof and in any case not later than the date specified in the Pooling and Servicing Agreement, deliver such original or extension of any Mortgage Loan entered into certified recorded documents to the Trustee. Notwithstanding anything to the contrary contained in accordance with this Section 4.01 or 6.01 promptly after their execution; provided2.03, however, that in those instances where the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall provide public recording office retains the original Mortgage, any assignment thereof, Land Sale Contract, Memorandum of Land Sale Contract or any document submitted for recordation or assignment thereof after it has been recorded, the Seller shall be deemed to have satisfied its obligations hereunder upon delivery to the Trustee of a copy of the recorded original of such document certified document, accompanied by the appropriate public recording office to be an Officer's Certificate stating that such copy is a true and complete copy of such document. In the original promptly after receipt thereofevent that the Seller does not deliver the documents constituting the File as provided in this Section 2.03, but in no event later than 180 days after its execution, provided, however, that if delivery is not completed within 180 days solely due to delays in making the related Mortgage Loan shall be repurchased at the Repurchase Price for such delivery by reason of the fact that such documents shall not have been returned Mortgage Loan or substituted by the appropriate recording office or due to Seller, in either case at the failure of the Owner to provide the documentation required with respect to such recordation, the Servicer shall continue to use its best efforts to obtain such documents time and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of manner provided in the request for release attached to the Custodial Pooling and Servicing Agreement. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Metropolitan Asset Funding Inc)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents, with copies or imaged documents to the Guarantor (with respect to the Xxxxxx Mae Loans) and RMIC (with respect to the RMIC Covered Loans), evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after within 4 week(s) of their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly within 4 week(s) after its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached hereto as Exhibit D. The Custodian shall deliver to the Custodial Agreement. During Servicer within five (5) Business Days, any requested Mortgage Loan Document previously delivered to the Custodian, provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian Indenture Trustee on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; providedPROVIDED, howeverHOWEVER, that the Servicer shall provide the Custodian Indenture Trustee on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, providedPROVIDED, howeverHOWEVER, that if delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the CustodianIndenture Trustee. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian Indenture Trustee in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as EXHIBIT D. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian Indenture Trustee upon the request of the Owner or when the Servicer’s 's need therefore no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-1)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than within 180 days after of its execution, provided, however, that if . If delivery is not completed within 180 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereofthereafter. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached hereto as EXHIBIT D. The Custodian shall deliver to the Custodial Agreement. During Servicer promptly, and in no event later than within five (5) Business Days, any requested Mortgage Loan Document previously delivered to the Custodian, provided that such documentation is promptly returned to the Custodian when the Servicer no longer requires possession of the document, and provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Servicing Agreement (Prime Mortgage Trust 2005-5)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian for the benfit of the Indenture Trustee on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; provided, however, that the Servicer shall provide to the Custodian for the benfit of the Indenture Trustee on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, provided, however, that if delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the CustodianIndenture Trustee. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian Indenture Trustee in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian Indenture Trustee upon the request of the Owner or when the Servicer’s need therefore no longer exists.

Appears in 1 contract

Samples: Certification and Agreement (Encore Credit Receivables Trust 2005-3)

Delivery of Mortgage Loan Documents. The Servicer shall forward to the Custodian on behalf of the Owner original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with Section 4.01 or 6.01 promptly after their execution; providedPROVIDED, howeverHOWEVER, that the Servicer shall provide the Custodian on behalf of the Owner with a certified true copy of any such document submitted for recordation promptly after its execution, and shall 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 promptly after receipt thereof, but in no event later than 180 240 days after its execution, providedPROVIDED, howeverHOWEVER, that if delivery is not completed within 180 240 days solely due to delays in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office or due to the failure of the Owner to provide the documentation required with respect to such recordationoffice, the Servicer shall continue to use its best efforts to obtain such documents and effect delivery as soon as possible after its receipt thereof. From time to time the Servicer may have a need for Mortgage Loan Documents to be released by the Custodian. If the Servicer shall require any of the Mortgage Loan Documents, the Servicer shall notify the Custodian in writing of such request in the form of the request for release attached to the Custodial Agreement. hereto as Exhibit D. During the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Owner, and the Servicer shall return such documentation to the Custodian upon the request of the Owner or when the Servicer’s 's need therefore no longer exists.

Appears in 1 contract

Samples: Custodial Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)

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