Common use of Delivery of Mortgage Loan Files Clause in Contracts

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.

Appears in 1 contract

Samples: Sales Agreement (Deutsche Financial Capital Securitization LLC)

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Delivery of Mortgage Loan Files. Not later than three two Business Days prior to the Closing Date, the Seller shall deliver to _______________________the Custodian, as custodian (on behalf of the "Custodian")Indenture Trustee, each of the Mortgage Loan Documents required to be included in the Trustee Mortgage Loan File for each Mortgage LoanLoan and an assignment of Mortgage endorsed in blank substantially in the form of Exhibit E hereto. The In the event that the assignment of mortgage is recorded in accordance with Section 3(d) hereof, the Mortgage Note for each Mortgage Loan shall be endorsed by the Custodian without recourse to the Indenture 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)Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: Sales Agreement 3 WITHOUT RECOURSE, PAY TO THE ORDER OF ------------------------------ NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION AS INDENTURE TRUSTEE u/a DATED AS OF ________ 1, 19__ Each assignment of a Mortgage relating to a Mortgage Loan shall be made to ____________________________"NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE u/a w/Deutsche Financial Capital Securitization LLC and Oakwood Acceptance Corporation under an Indenture with Mortgage Lenders Network Home Equity Loan Trust 1998-3 dated as of ________ December 1, 19__1998." The Seller shall deliver the Mortgage Notes and the assignments of Mortgage in recordable form to the Custodian, on behalf of the Indenture Trustee, endorsed and assigned in blank, and in the event that the assignment of mortgage is recorded in accordance with Section 3(d) hereof, the Custodian, on behalf of the Indenture Trustee, shall fill in the endorsements and assignments as specified above by stamp. The Indenture Trustee shall return the completed assignments of Mortgage to the Custodian as soon as possible after the Closing Date so the Custodian can send them out for recording as appropriate. Prior to the transfer and sale of the Mortgage Loans pursuant to this Agreement, all Mortgage Loan Documents delivered to the Custodian Custodian, on behalf of the Indenture Trustee, shall be held by the Custodian Custodian, on behalf of the Indenture Trustee, for the benefit of the Seller, and the possession by the Custodian Custodian, on behalf of the Indenture Trustee, 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 Depositor in accordance with the terms and upon satisfaction of the conditions of this AgreementAgreement and until transfer of the Mortgage Loans to the Issuer, the Custodian Custodian, on behalf of the Indenture Trustee, will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the CompanyDepositor, as its agent and bailee. The Custodian will act on the CompanyDepositor 's behalf as a custodian for the receipt and custody of all Trustee Mortgage Loan Files during the period described in the preceding sentence and, after the transfer of the Mortgage Loans from the Company to the TrustIssuer, 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 Issuer until the Mortgage Loans from are pledged by the Company Issuer to the TrustIndenture Trustee.

Appears in 1 contract

Samples: Mortgage Loan Sale Agreement (Residential Asset Funding Corp)

Delivery of Mortgage Loan Files. Not later than three Business Days prior to the Closing Date, Date the Seller shall deliver to ____________________________, as custodian trustee (the "CustodianTrustee"), 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 blankOMI), and the Mortgage for each Mortgage Loan shall be assigned to the Trustee or the Custodian (or in blank)Trustee. Each endorsement of a Mortgage Note to the trustee 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 Oakwood Mortgage Investors, Inc. 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 Trustee shall be held by the Custodian Trustee for the benefit of the Seller, and the possession by the Custodian Trustee 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 OMI in accordance with the terms and upon satisfaction of the conditions of this Agreement, the Custodian Trustee will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the CompanyOMI, as its agent and bailee. The Custodian Trustee will act on the CompanyOMI'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 OMI to the Trust, the Custodian Trustee 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 OMI to the Trust.

Appears in 1 contract

Samples: Sales Agreement (Oakwood Mortgage Investors Inc)

Delivery of Mortgage Loan Files. Not later than three two Business Days prior to the Closing Date, the Seller shall deliver to _______________________the Custodian, as custodian (on behalf of the "Custodian")Indenture Trustee, each of the Mortgage Loan Documents required to be included in the Trustee Mortgage Loan File for each Mortgage LoanLoan and an assignment of Mortgage endorsed in blank substantially in the form of Exhibit E hereto. The In the event that the assignment of mortgage is recorded in accordance with Section 3(d) hereof, the Mortgage Note for each Mortgage Loan shall be endorsed by the Custodian without recourse to the Indenture 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)Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: Sales Agreement 3 WITHOUT RECOURSE, PAY TO THE ORDER OF ------------------------------ NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION AS INDENTURE TRUSTEE u/a DATED AS OF ________ 1, 19__ Each assignment of a Mortgage relating to a Mortgage Loan shall be made to ____________________________"NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE u/a w/Deutsche Financial Capital Securitization LLC and Oakwood Acceptance Corporation under an Indenture with Mortgage Lenders Network Home Equity Loan Trust 1998-1 dated as of ________ March 1, 19__1998." The Seller shall deliver the Mortgage Notes and the assignments of Mortgage in recordable form to the Custodian, on behalf of the Indenture Trustee, endorsed and assigned in blank, and in the event that the assignment of mortgage is recorded in accordance with Section 3(d) hereof, the Custodian, on behalf of the Indenture Trustee, shall fill in the endorsements and assignments as specified above by stamp. The Indenture Trustee shall return the completed assignments of Mortgage to the Custodian as soon as possible after the Closing Date so the Custodian can send them out for recording as appropriate. Prior to the transfer and sale of the Mortgage Loans pursuant to this Agreement, all Mortgage Loan Documents delivered to the Custodian Custodian, on behalf of the Indenture Trustee, shall be held by the Custodian Custodian, on behalf of the Indenture Trustee, for the benefit of the Seller, and the possession by the Custodian Custodian, on behalf of the Indenture Trustee, 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 Depositor in accordance with the terms and upon satisfaction of the conditions of this AgreementAgreement and until transfer of the Mortgage Loans to the Issuer, the Custodian Custodian, on behalf of the Indenture Trustee, will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the CompanyDepositor, as its agent and bailee. The Custodian will act on the CompanyDepositor 's behalf as a custodian for the receipt and custody of all Trustee Mortgage Loan Files during the period described in the preceding sentence and, after the transfer of the Mortgage Loans from the Company to the TrustIssuer, 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 Issuer until the Mortgage Loans from are pledged by the Company Issuer to the TrustIndenture Trustee.

Appears in 1 contract

Samples: Mortgage Loan Sale Agreement (Prudential Securities Secured Financing Corp)

Delivery of Mortgage Loan Files. Not later than three two Business Days prior to the Closing Date, the Seller shall deliver to _______________________, as custodian (the "Custodian"), Indenture Trustee 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 Indenture 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)Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: Sales Agreement 3 WITHOUT RECOURSE, PAY TO THE ORDER OF ------------------------------ NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE u/a DATED AS OF ________ 1, 19__ Each assignment of a Mortgage relating to a Mortgage Loan shall be made to ____________________________"NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE u/a under an Indenture w/Deutsche Financial Capital Securitization LLC and Oakwood Acceptance Corporation Fund America Investors Trust 1997-NMC1 dated as of ________ September 1, 19__1997." The Seller shall deliver the Mortgage Notes and the assignments of Mortgage in recordable form to the Indenture Trustee endorsed and assigned in blank, and the Indenture Trustee shall fill in the endorsements and assignments as specified above by stamp. The Indenture Trustee shall return the completed assignments of Mortgage to the Seller as soon as possible after the Closing Date so the Seller can send them out for recording. Prior to the transfer and sale of the Mortgage Loans pursuant to this Agreement, all Mortgage Loan Documents delivered to the Custodian Indenture Trustee shall be held by the Custodian Indenture Trustee for the benefit of the Seller, and the possession by the Custodian Indenture Trustee 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 FAIC II in accordance with the terms and upon satisfaction of the conditions of this AgreementAgreement and until transfer of the Mortgage Loans to the Issuer, the Custodian Indenture Trustee will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the CompanyFAIC II, as its agent and bailee. The Custodian Indenture Trustee will act on the CompanyFAIC II's behalf as a custodian for the receipt and custody of all Trustee Mortgage Loan Files during the period described in the preceding sentence and, after the transfer of the Mortgage Loans from the Company FAIC II to the TrustIssuer, the Custodian Indenture Trustee 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 Issuer until the Mortgage Loans from are pledged by the Company Issuer to the TrustIndenture Trustee.

Appears in 1 contract

Samples: Mortgage Loan Sale Agreement (Fund America Investors Corp Ii)

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Delivery of Mortgage Loan Files. Not later than three two Business Days prior to the Subsequent Closing Date, the Seller SMF shall deliver to _______________________Deutsche Bank Trust Company Americas, as custodian (the "Custodian"), each of the Mortgage Loan Documents required to be included in the Trustee Mortgage Loan File for each Mortgage LoanFile. The Mortgage Note for each such Subsequent 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 Security Instrument for each such Subsequent Mortgage Loan shall either name the Custodian as mortgagee or beneficiary, as appropriate, or be assigned to the Trustee or the Custodian (or in blank). Each such endorsement of a Mortgage Note and assignment shall be substantially 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__form set forth in the Custody Agreement. Prior to the transfer and sale of any Subsequent Mortgage Loans, 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, SMF and the possession by the Custodian of such Mortgage Loan Documents will be at the will of the Seller SMF and will be in a custodial capacity only. Following the transfer and sale of the any Subsequent Mortgage Loans from the Seller SMF to the Company SAXON 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 CompanySAXON, as its agent and bailee. The Custodian Custodian, who will also act as the Trustee, will act on the Company's behalf as a custodian for the receipt and custody of all Trustee Mortgage Loan Files Files, and, after the transfer of the any Subsequent Mortgage Loans from the Company SAXON 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 benefit of the Mortgage Loans from Trustee on behalf of the Company to the TrustCertificateholders.

Appears in 1 contract

Samples: SMF Subsequent Sales Agreement (Saxon Asset Securities Co)

Delivery of Mortgage Loan Files. Not later than three two Business Days prior to the Closing Date (or a Subsequent Sales Date, the Seller ) Aegis Mortgage 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 LoanFile. The Mortgage Note for each such 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 Security Instrument for each such Mortgage Loan shall either name the Custodian as mortgagee or beneficiary, as appropriate, or be assigned to the Trustee or the Custodian (or in blank). Each such endorsement of a Mortgage Note and assignment shall be substantially 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__form set forth in the Custody Agreement. Prior to the transfer and sale of any Mortgage Loans, 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, Aegis Mortgage and the possession by the Custodian of such Mortgage Loan Documents will be at the will of the Seller Aegis Mortgage and will be in a custodial capacity only. Following the transfer and sale of the any Mortgage Loans from the Seller Aegis Mortgage to the Company Aegis 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 CompanyAegis, as its agent and bailee. The Custodian Custodian, who will also act as the Trustee, will act on the Company's behalf as a custodian for the receipt and custody of all Trustee Mortgage Loan Files Files, and, after the transfer of the any Mortgage Loans from the Company Aegis 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 benefit of the Mortgage Loans from Trustee on behalf of the Company to the TrustCertificateholders.

Appears in 1 contract

Samples: Sales Agreement (Aegis Asset Backed Securities Corp)

Delivery of Mortgage Loan Files. Not later than three two Business Days prior to the Closing Date, the Seller shall deliver to _______________________, as custodian (the "Custodian"), Indenture Trustee 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 Indenture 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)Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: Sales Agreement 3 WITHOUT RECOURSE, PAY TO THE ORDER OF ------------------------------ NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE u/a DATED AS OF ________ 1, 19__ Each assignment of a Mortgage relating to a Mortgage Loan shall be made to ____________________________"NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE u/a under an Indenture w/Deutsche Financial Capital Securitization LLC and Oakwood Acceptance Corporation Fund America Investors Trust 1998-NMC1 dated as of ________ June 1, 19__1998." The Seller shall deliver the Mortgage Notes and the assignments of Mortgage in recordable form to the Indenture Trustee endorsed and assigned in blank, and the Indenture Trustee shall fill in the endorsements and assignments as specified above by stamp. The Indenture Trustee shall return the completed assignments of Mortgage to the Seller as soon as possible after the Closing Date so the Seller can send them out for recording. Prior to the transfer and sale of the Mortgage Loans pursuant to this Agreement, all Mortgage Loan Documents delivered to the Custodian Indenture Trustee shall be held by the Custodian Indenture Trustee for the benefit of the Seller, and the possession by the Custodian Indenture Trustee 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 FAIC II 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.terms

Appears in 1 contract

Samples: Mortgage Loan Sale Agreement (Fund America Investors Corp Ii)

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