Common use of Delivery of Mortgage Loan Files Clause in Contracts

Delivery of Mortgage Loan Files. Not later than two Business Days prior to the Closing Date, the Seller shall deliver to the Indenture Trustee each of the Mortgage Loan Documents required to be included in the Mortgage File for each Mortgage Loan. The Mortgage Note for each Mortgage Loan shall be endorsed without recourse to the Indenture Trustee and the Mortgage for each Mortgage Loan shall be assigned to the Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: WITHOUT RECOURSE, PAY TO THE ORDER OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE Each assignment of a Mortgage relating to a Mortgage Loan shall be made to "NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE under an Indenture w/Fund America Investors Trust 1998-NMC1 dated as of June 1, 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 Indenture Trustee shall be held by the Indenture Trustee for the benefit of the Seller, and the possession by 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 FAIC II in accordance with the terms

Delivery of Mortgage Loan Files. Not later than two Business Days prior to the Closing Date, the Seller shall deliver to the Indenture Trustee each of the Mortgage Loan Documents required to be included in the Mortgage File for each Mortgage Loan. The Mortgage Note for each Mortgage Loan shall be endorsed without recourse to the Indenture Trustee and the Mortgage for each Mortgage Loan shall be assigned to the Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: WITHOUT RECOURSE, PAY TO THE ORDER OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, ASSOCIATION AS TRUSTEE Each assignment of a Mortgage relating to a Mortgage Loan shall be made to "NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE under an Indenture w/Fund America Investors Trust 19981997-NMC1 dated as of June September 1, 19981997." 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 Indenture Trustee shall be held by the Indenture Trustee for the benefit of the Seller, and the possession by 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 FAIC II in accordance with the termsterms and upon satisfaction of the conditions of this Agreement and until transfer of the Mortgage Loans to the Issuer, the Indenture Trustee will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of FAIC II, as its agent and bailee. The Indenture Trustee will act on FAIC II's behalf as a custodian for the receipt and custody of all Mortgage Files during the period described in the preceding sentence and, after the transfer of the Mortgage Loans from FAIC II to the Issuer, the Indenture Trustee will hold all Mortgage Loan Documents delivered to it hereunder as the agent of and custodian for the Issuer until the Mortgage Loans are pledged by the Issuer to the Indenture Trustee.

Delivery of Mortgage Loan Files. Not later than two three Business Days prior to the Closing Date, Date the Seller shall deliver to ____________________________, as trustee (the Indenture Trustee "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 OMI), and the Mortgage for each Mortgage Loan shall be assigned to the Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee trustee shall be in the following form: WITHOUT RECOURSE, PAY TO THE ORDER OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, [---------------------------------------] AS TRUSTEE u/a DATED AS OF _________ __, ___ Each assignment of a Mortgage relating to a Mortgage Loan shall be made to "NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION___________________________, AS TRUSTEE under an Indenture u/a w/Fund America Investors Trust 1998-NMC1 Oakwood Mortgage Investors, Inc. and Oakwood Acceptance Corporation dated as of June 1____ __, 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 Indenture Trustee shall be held by the Indenture Trustee for the benefit of the Seller, and the possession by 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 FAIC II OMI in accordance with the termsterms and upon satisfaction of the conditions of this Agreement, the Trustee will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of OMI, as its agent and bailee. The Trustee will act on OMI'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 OMI to the Trust, the Trustee will hold all Mortgage Loan Documents delivered to it hereunder as custodian in order to effect the transfer and sale of the Mortgage Loans from OMI to the Trust.

Delivery of Mortgage Loan Files. Not later than two three Business Days prior to the Closing Date, the Seller shall deliver to _______________________, as custodian (the Indenture Trustee "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 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 Indenture TrusteeTrustee or the Custodian (or in blank). 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 under an Indenture u/a w/Fund America Investors Trust 1998-NMC1 Deutsche Financial Capital Securitization LLC and Oakwood Acceptance Corporation dated as of June ________ 1, 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 recording19__. Prior to the transfer and sale of the Mortgage Loans pursuant to this Agreement, all Mortgage Loan Documents delivered to the Indenture Trustee Custodian shall be held by the Indenture Trustee Custodian for the benefit of the Seller, and the possession by the Indenture Trustee 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 FAIC II the Company in accordance with the termsterms 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. Not later than two Business Days prior to the Closing Date (or a Subsequent Sales Date, the Seller ) Aegis Mortgage shall deliver to _____________, as custodian (the Indenture Trustee "Custodian"), each of the Mortgage Loan Documents required to be included in the Mortgage File for each Mortgage LoanFile. The Mortgage Note for each such Mortgage Loan shall be endorsed without recourse to the Indenture Trustee and the Mortgage for each Mortgage Loan shall be assigned to the Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: WITHOUT RECOURSE, PAY TO THE ORDER OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE Each assignment of a Mortgage relating to a Mortgage Loan shall be made to "NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE under an Indenture w/Fund America Investors Trust 1998-NMC1 dated as of June 1, 1998." The Seller shall deliver the Mortgage Notes and the assignments of Mortgage in recordable form to the Indenture Trustee endorsed and assigned or Custodian or in blank, and the Indenture 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 Custodian or in blank. Each such endorsement and assignment shall fill be substantially in the endorsements and assignments as specified above by stamp. The Indenture Trustee shall return form set forth in the completed assignments of Mortgage to the Seller as soon as possible after the Closing Date so the Seller can send them out for recordingCustody 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 Indenture Trustee Custodian shall be held by the Indenture Trustee Custodian for the benefit of the Seller, Aegis Mortgage and the possession by the Indenture Trustee 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 FAIC II Aegis in accordance with the termsterms 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 Aegis, as its agent and bailee. The Custodian, who will also act as the Trustee, will act as a custodian for the receipt and custody of all Mortgage Files, and, after the transfer of any Mortgage Loans from Aegis to the Trust, the Custodian will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the Trustee on behalf of the Certificateholders.

Delivery of Mortgage Loan Files. Not later than two Business Days prior to the Closing Date, the Seller shall deliver to the Custodian, on behalf of the Indenture Trustee Trustee, each of the Mortgage Loan Documents required to be included in the Mortgage 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 and the Mortgage for each Mortgage Loan shall be assigned to the Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: WITHOUT RECOURSE, PAY TO THE ORDER OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, ASSOCIATION AS INDENTURE TRUSTEE Each assignment of a Mortgage relating to a Mortgage Loan shall be made to "NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE under an Indenture w/Fund America Investors with Mortgage Lenders Network Home Equity Loan Trust 1998-NMC1 3 dated as of June December 1, 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 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 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 Custodian as soon as possible after the Closing Date so the Seller Custodian can send them out for recordingrecording as appropriate. Prior to the transfer and sale of the Mortgage Loans pursuant to this Agreement, all Mortgage Loan Documents delivered to the Custodian, on behalf of the Indenture Trustee Trustee, shall be held by the Custodian, on behalf of the Indenture Trustee Trustee, for the benefit of the Seller, and the possession by the Custodian, on behalf of the Indenture Trustee 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 FAIC II the Depositor in accordance with the termsterms and upon satisfaction of the conditions of this Agreement and until transfer of the Mortgage Loans to the Issuer, the Custodian, on behalf of the Indenture Trustee, will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the Depositor, as its agent and bailee. The Custodian will act on the Depositor 's behalf as a custodian for the receipt and custody of all Mortgage Files during the period described in the preceding sentence and, after the transfer of the Mortgage Loans to the Issuer, the Custodian will hold all Mortgage Loan Documents delivered to it hereunder as the agent of and custodian for the Issuer until the Mortgage Loans are pledged by the Issuer to the Indenture Trustee.

Delivery of Mortgage Loan Files. Not later than two Business Days prior to the Closing Date, the Seller shall deliver to the Custodian, on behalf of the Indenture Trustee Trustee, each of the Mortgage Loan Documents required to be included in the Mortgage 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 and the Mortgage for each Mortgage Loan shall be assigned to the Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: WITHOUT RECOURSE, PAY TO THE ORDER OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, ASSOCIATION AS INDENTURE TRUSTEE Each assignment of a Mortgage relating to a Mortgage Loan shall be made to "NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE under an Indenture w/Fund America Investors with Mortgage Lenders Network Home Equity Loan Trust 1998-NMC1 1 dated as of June March 1, 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 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 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 Custodian as soon as possible after the Closing Date so the Seller Custodian can send them out for recordingrecording as appropriate. Prior to the transfer and sale of the Mortgage Loans pursuant to this Agreement, all Mortgage Loan Documents delivered to the Custodian, on behalf of the Indenture Trustee Trustee, shall be held by the Custodian, on behalf of the Indenture Trustee Trustee, for the benefit of the Seller, and the possession by the Custodian, on behalf of the Indenture Trustee 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 FAIC II the Depositor in accordance with the termsterms and upon satisfaction of the conditions of this Agreement and until transfer of the Mortgage Loans to the Issuer, the Custodian, on behalf of the Indenture Trustee, will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the Depositor, as its agent and bailee. The Custodian will act on the Depositor 's behalf as a custodian for the receipt and custody of all Mortgage Files during the period described in the preceding sentence and, after the transfer of the Mortgage Loans to the Issuer, the Custodian will hold all Mortgage Loan Documents delivered to it hereunder as the agent of and custodian for the Issuer until the Mortgage Loans are pledged by the Issuer to the Indenture Trustee.

Delivery of Mortgage Loan Files. Not later than two Business Days prior to the Subsequent Closing Date, the Seller SMF shall deliver to Deutsche Bank Trust Company Americas, as custodian (the Indenture Trustee "Custodian"), each of the Mortgage Loan Documents required to be included in the Mortgage File for each Mortgage LoanFile. The Mortgage Note for each such Subsequent Mortgage Loan shall be endorsed without recourse to the Indenture Trustee and the Mortgage for each Mortgage Loan shall be assigned to the Indenture Trustee. Each endorsement of a Mortgage Note to the Indenture Trustee shall be in the following form: WITHOUT RECOURSE, PAY TO THE ORDER OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE Each assignment of a Mortgage relating to a Mortgage Loan shall be made to "NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE under an Indenture w/Fund America Investors Trust 1998-NMC1 dated as of June 1, 1998." The Seller shall deliver the Mortgage Notes and the assignments of Mortgage in recordable form to the Indenture Trustee endorsed and assigned or Custodian or in blank, and the Indenture 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 Custodian or in blank. Each such endorsement and assignment shall fill be substantially in the endorsements and assignments as specified above by stamp. The Indenture Trustee shall return form set forth in the completed assignments of Mortgage to the Seller as soon as possible after the Closing Date so the Seller can send them out for recordingCustody 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 Indenture Trustee Custodian shall be held by the Indenture Trustee Custodian for the benefit of the Seller, SMF and the possession by the Indenture Trustee 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 FAIC II SAXON in accordance with the termsterms 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 SAXON, as its agent and bailee. The Custodian, who will also act as the Trustee, will act as a custodian for the receipt and custody of all Mortgage Files, and, after the transfer of any Subsequent Mortgage Loans from SAXON to the Trust, the Custodian will hold all Mortgage Loan Documents delivered to it hereunder for the benefit of the Trustee on behalf of the Certificateholders.