Delivery of Mortgage Loan Files. Not later than three Business Days prior to the Closing Date, the Seller shall deliver to _______________________, as custodian (the "Custodian"), each of the Mortgage Loan Documents required to be included in the Trustee Mortgage Loan File for each Mortgage Loan. The Mortgage Note for each Mortgage Loan shall be endorsed without recourse to the Trustee (as the designee of the Company) or the Custodian (or in blank), and the Mortgage for each Mortgage Loan shall be assigned to the Trustee or the Custodian (or in blank). Each endorsement of a Mortgage Note shall be in the following form: Sales Agreement 3 WITHOUT RECOURSE, PAY TO THE ORDER OF ------------------------------ AS TRUSTEE u/a DATED AS OF ________ 1, 19__ Each assignment of a Mortgage relating to a Mortgage Loan shall be made to ____________________________, AS TRUSTEE u/a w/Deutsche Financial Capital Securitization LLC and Oakwood Acceptance Corporation dated as of ________ 1, 19__. Prior to the transfer and sale of the Mortgage Loans pursuant to this Agreement, all Mortgage Loan Documents delivered to the Custodian shall be held by the Custodian for the benefit of the Seller, and the possession by the Custodian of such Mortgage Loan Documents will be at the will of the Seller and will be in a custodial capacity only. Following the transfer and sale of the Mortgage Loans from the Seller to the Company in accordance with the terms and upon satisfaction of the conditions of this Agreement, the Custodian will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the Company, as its agent and bailee. The Custodian will act on the Company's behalf as a custodian for the receipt and custody of all Trustee Mortgage Loan Files and, after the transfer of the Mortgage Loans from the Company to the Trust, the Custodian will hold all Mortgage Loan Documents delivered to it hereunder as the agent of and custodian for the Trustee in order to effect the transfer and sale of the Mortgage Loans from the Company to the Trust.
Delivery of Mortgage Loan Files. On or prior to the Closing Date, the Unaffiliated Seller shall deliver or shall cause to be delivered to the Trustee (as assignee of the Depositor pursuant to the Pooling and Servicing Agreement), the documents with respect to each Mortgage Loan listed in Section 2.01(a) of the Pooling and Servicing Agreement.
Delivery of Mortgage Loan Files. The Mortgage Loan Documents for the related Mortgage Loans have been or will be delivered to the Custodian in compliance with this Agreement and the Seller Guide. The Guarantor is in possession of a complete Mortgage Loan File (including all documents used in the qualification of the Mortgagor) for each Mortgage Loan (except for such documents the originals of which have been delivered to the Custodian) and all documents required to be included in the Mortgage Loan File shall be complete and executed as required and in compliance with Applicable Law. For each Mortgage Loan, all documents necessary to foreclose on the related Mortgaged Property are included in the related Mortgage Loan File delivered to Buyer or the Custodian. With respect to each Mortgage Loan for which a lost note affidavit (acceptable to the Buyer) 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 Buyer will not be affected by the absence of the original Mortgage Note.
Delivery of Mortgage Loan Files. The Seller shall cause each Correspondent to deliver to the Custodian each of the related Mortgage Loan Documents required to be delivered to the Seller by the Correspondents pursuant to the Purchase Agreements. The Mortgage Note for each such Mortgage Loan shall be endorsed to the Custodian or in blank, and the security agreement for each such Mortgage Loan shall either name the Custodian as mortgagee or beneficiary, as appropriate, or be assigned to the Custodian or in blank. Each such endorsement and assignment shall be substantially in the form set forth in the related Purchase Agreement. Prior to the transfer and sale of any Mortgage Loans by Seller to Purchaser hereunder, the Mortgage Loan Documents delivered to the Custodian shall be held by the Custodian for the benefit of Seller and the possession by the Custodian of such Mortgage Loan Documents will be at the will of Seller and will be in a custodial capacity only. Following the transfer and sale of any Mortgage Loans from Seller to Purchaser in accordance with the terms and upon satisfaction of the conditions of this Agreement, the Custodian will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of Purchaser, as its agent and bailee.
Delivery of Mortgage Loan Files. On or prior to the Closing Date or Pre-Funded Loan Transfer Date, as the case may be, the Sponsor shall deliver or shall cause to be delivered to the Indenture Trustee (as assignee of the Depositor and the Trust pursuant to the Sale and Servicing Agreement), the documents listed in Section 2.03(a) of the Sale and Servicing Agreement with respect to each Mortgage Loan being sold to the Depositor on such date.
Delivery of Mortgage Loan Files. No later than each Transfer Date, or the first Business Day thereafter if the Transfer Date is not a Business Day, Seller shall, at its sole expense and in accordance with the Servicing Transfer Instructions, provide Purchaser with the data, information and materials necessary for Purchaser to service the related Mortgage Loans, including but not limited to Mortgage Notes (including e-Notes), riders, loan modification documents and servicing files, in accordance with the Applicable Requirements. Seller shall, at its sole expense and in accordance with the Servicing Transfer Instructions, package and ship to Purchaser and/or Purchaser’s designee for inside delivery, to be received by Purchaser and/or Purchaser’s designee no later than five (5) Business Days after the applicable Transfer Date, all Mortgage Files pertaining to the related Mortgage Loans and the related servicing records in Seller’s possession. Seller shall provide Purchaser with prior written notice of the carrier, shipping arrangements and insurance arrangements with respect to the delivery of the Mortgage Files. There will be no boarding fees related to any Mortgage Loans. However, Purchaser and Seller agree to work together to identify and cure any data deficiency issues that may arise.
