Document Delivery Requirements. (a) In connection with each conveyance pursuant to Section 2.02 hereof, the Seller does hereby agree to deliver to, and deposit with, the Custodian, as custodian for the Trustee, no later than two Business Days prior to the Closing Date, the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned: (i) the original Mortgage Note, endorsed in blank or in the following form: "Pay to the order of Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, for the Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1, without recourse", with all prior and intervening endorsements showing a complete chain of endorsement from the originator of the Mortgage Loan to the Seller; (ii) the original Mortgage with evidence of recording thereon (or, if the original Mortgage has not been returned from the applicable public recording office or is not otherwise available, a copy of the Mortgage certified by a Responsible Officer of the Seller or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Mortgage submitted for recording) and, if the Mortgage was executed pursuant to a power of attorney, the original power of attorney with evidence of recording thereon (or, if the original power of attorney has not been returned from the applicable public recording office or is not otherwise available, a copy of the power of attorney certified by a Responsible Officer of the Seller or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor, to be a true and complete copy of the original power of attorney submitted for recording); (iii) the original executed Assignment of the Mortgage, acceptable for recording except with respect to any currently unavailable recording information, from the Seller to the Trustee in the following form: "Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1" or in blank; (iv) the original Assignment and any intervening Assignments of the Mortgage, with evidence of recording thereon, showing a complete chain of assignment from origination of the Mortgage Loan to the Seller (or, if any such Assignment has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by a Responsible Officer of the Seller or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Assignment submitted for recording); (v) the original, or a copy certified by the Seller or the originator of the Mortgage Loan to be a true and complete copy of the original, of each assumption, modification, written assurance or substitution agreement, if any; and (vi) an original, or a copy certified by the Seller to be a true and complete copy of the original, of a lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as first or second lien on the Mortgaged Property represented therein as a fee simple interest vested in the Mortgagor, or in the event such original title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company. (b) With respect to any Mortgage referred to in Section 2.04(a)(ii) above as to which the original Mortgage is not available as of the Closing Date, and with respect to any Assignment referred to in Section 2.04(a)(iii) or 2.04(a)(iv) above as to which the original Assignment is not available as of the Closing Date, the Seller shall deliver, prior to the Closing Date, as the case may be, a copy of such Mortgage or such Assignment, as the case may be, certified by the Seller to be a true and complete copy, to the Custodian and shall also deliver the original Mortgage, or where the original Mortgage is unavailable a copy thereof certified by the applicable public recording office, and the original Assignment, or where the original Assignment is unavailable a copy thereof certified by the applicable public recording office, to the Custodian within five Business Days after receipt thereof by the Seller but in no event later than 360 days (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Seller) following the date of origination of the related Mortgage Loan or the date of such Assignment to the Seller, as the case may be. The failure of the Seller to deliver to the Custodian (x) any original Mortgage under Section 2.04(a)(ii) above (or where the original is unavailable a copy thereof certified by the applicable public recording office) or (y) any original Assignment under Section 2.04(a)(iii) above and (iv) (or where the original is unavailable a copy thereof certified by the applicable public recording office) shall not be deemed a breach of this Agreement for any purpose whatsoever until the expiration of five Business Days after receipt thereof by the Seller or such 360-day period (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Seller) whichever is shorter. With respect to any lender's title insurance policy referred to in Section 2.04(a)(vi) above, Seller agrees to deliver such documents with respect to the Mortgage Loans to the Custodian within fifteen (15) days following the Closing Date. The Seller shall record (or to cause one of its affiliates to record) all assignments with respect to each Mortgage Loan required to be contained in the Mortgage File in the public recording office for the jurisdiction in which the related Mortgaged Property is located; provided, however, that, if the Trustee, the Certificate Insurer and each Rating Agency has received an Opinion of Counsel, Memorandum of Law or other assurance, in each case satisfactory in form to the Certificate Insurer and each Rating Agency, to the effect that the recordation of such assignments in any specific jurisdiction is not necessary to protect the Trustee's interest in the related Mortgage, the Seller shall not be required to record assignments in such jurisdiction; provided, further, that notwithstanding the delivery of any opinion of counsel, each assignment of the Mortgage Loan shall be submitted for recording by the Seller in the manner described above, at no expense to the Trust Fund, or the Trustee, upon the earliest to occur of (i) reasonable direction by Holders of Certificates entitled to at least 25% of the Voting Rights or the Certificate Insurer, (ii) the occurrence of a servicing transfer pursuant to Section 7.02 of this Agreement, (iii) the occurrence of a bankruptcy, insolvency or foreclosure relating to the Seller, (iv) the occurrence of a Servicer Termination Event, and (v) if the Seller is not the Servicer and with respect to any one assignment of Mortgage, the occurrence of a bankruptcy, insolvency, or foreclosure relating to the Mortgagor under the related Mortgage. All recording fees relating to the recordation of the assignments as described above shall be paid by the Seller or an affiliate of the Seller. Such assignments with respect to each Mortgage Loan must be delivered to the recording office of the appropriate jurisdiction within 10 days after the Closing Date, and the failure of the related assignment to contain evidence of recording thereon within one year after the Closing Date will constitute a breach of this Agreement. The Trustee shall cause the Custodian to promptly complete the assignment of the Mortgages originated by the Seller in the following form: "Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1." The Trustee shall cause the Custodian to complete the assignment of the Mortgages purchased by the Seller from F.C. Capital Corp. within fourteen (14) days and return to the Seller such Mortgages to be recorded. The Seller shall record the Mortgages purchased by the Seller from F.C. Capital Corp. within five (5) business days of receipt from the Custodian.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Document Delivery Requirements. (a) In connection with each conveyance pursuant to Section 2.02 hereof, the Seller does hereby agree to deliver to, and deposit with, the CustodianTrust Administrator, as custodian for the TrusteeTrustee (in which capacity the Trust Administrator will, unless otherwise specified, be acting under this Article II), no later than two Business Days prior to the Closing Date, the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned:
(i) the original Mortgage Note, endorsed in blank or in the following form: "Pay to the order of Norwest Firstar Bank MinnesotaMilwaukee, National AssociationN.A., as Trustee under the Pooling and Servicing Agreement, dated as of April June 1, 20001999, for the Mortgage Lenders Network New Century Home Equity Loan Trust 2000-1Certificates, Series 20001999-1NCA, without recourse", with all prior and intervening endorsements showing a complete chain of endorsement from the originator of the Mortgage Loan to the Seller;
(ii) the original Mortgage with evidence of recording thereon (or, if the original Mortgage has not been returned from the applicable public recording office or is not otherwise available, a copy of the Mortgage certified by a Responsible Officer of the Seller or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Mortgage submitted for recording) and, if the Mortgage was executed pursuant to a power of attorney, the original power of attorney with evidence of recording thereon (or, if the original power of attorney has not been returned from the applicable public recording office or is not otherwise available, a copy of the power of attorney certified by a Responsible Officer of the Seller or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor, to be a true and complete copy of the original power of attorney submitted for recording);
(iii) the original executed Assignment of the Mortgage, acceptable for recording except with respect to any currently unavailable recording information, from the Seller to the Trustee in the following form: "Norwest Firstar Bank MinnesotaMilwaukee, National AssociationN.A., as Trustee under the Pooling and Servicing Agreement, dated as of April June 1, 20001999, Mortgage Lenders Network New Century Home Equity Loan Trust 2000-1Trust, Series 20001999-1NCA" or in blank;
(iv) the original Assignment and any intervening Assignments of the Mortgage, with evidence of recording thereon, showing a complete chain of assignment from origination of the Mortgage Loan to the Seller (or, if any such Assignment has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by a Responsible Officer of the Seller or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Assignment submitted for recording);
(v) the original, or a copy certified by the Seller or the originator of the Mortgage Loan to be a true and complete copy of the original, of each assumption, modification, written assurance or substitution agreement, if any; and
(vi) an original, or a copy certified by the Seller to be a true and complete copy of the original, of a lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as first or second lien on the Mortgaged Property represented therein as a fee simple interest vested in the Mortgagor, or in the event such original title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company.
(b) With respect to any Mortgage referred to in Section 2.04(a)(ii) above as to which the original Mortgage is not available as of the Closing Date, and with respect to any Assignment referred to in Section 2.04(a)(iii) or 2.04(a)(iv) above as to which the original Assignment is not available as of the Closing Date, the Seller shall deliver, prior to the Closing Date, as the case may be, a copy of such Mortgage or such Assignment, as the case may be, certified by the Seller to be a true and complete copy, to the Custodian Trust Administrator and shall also deliver the original Mortgage, or where the original Mortgage is unavailable a copy thereof certified by the applicable public recording office, and the original Assignment, or where the original Assignment is unavailable a copy thereof certified by the applicable public recording office, to the Custodian Trust Administrator within five Business Days after receipt thereof by the Seller but in no event later than 360 days (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Seller) following the date of origination of the related Mortgage Loan or the date of such Assignment to the Seller, as the case may be. The failure of the Seller to deliver to the Custodian Trust Administrator (x) any original Mortgage under Section 2.04(a)(ii) above (or where the original is unavailable a copy thereof certified by the applicable public recording office) or (y) any original Assignment under Section 2.04(a)(iii) above and (iv) (or where the original is unavailable a copy thereof certified by the applicable public recording office) shall not be deemed a breach of this Agreement for any purpose whatsoever until the expiration of five Business Days after receipt thereof by the Seller or such 360-day period (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Seller) whichever is shorter. With respect to any lender's title insurance policy referred to in Section 2.04(a)(vi) above, Seller agrees to deliver such documents with respect to the Initial Mortgage Loans to the Custodian Trust Administrator within fifteen (15) days following the Closing Date. The Trust Administrator shall promptly (and in no event later than five Business Days following the Closing Date) submit for recording, at the Servicer's expense, in the appropriate public office for real property records, each original Assignment referred to in Section 2.04(a)(iii) above, as well as each original Assignment referred to in Section 2.04(a)(iv) above that was not previously submitted for recording. With respect to any original Assignment referred to in Section 2.04(a)(iii) above as to which the related recording information is unavailable within five Business Days following the Closing Date, such original Assignment shall be submitted for recording within five Business Days after receipt of such information but in no event later than 90 days (or such longer period, up to an additional 90 days, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Seller) after the Closing Date. The Seller shall record deliver each recorded Assignment referred to in Section 2.04(a)(iii) above or, where the original is unavailable, a copy thereof certified by the applicable public recording office to be a true and complete copy of the original, to the Trust Administrator no later than the earlier of (i) five Business Days after receipt thereof and (ii) within 360 days after the Closing Date (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Seller). Any failure of the Seller to deliver to the Trust Administrator, prior to the expiration of five Business Days after receipt thereof by the Seller or such 360-day period, whichever is shorter (or any such longer period as the Certificate Insurer may have approved in accordance with the terms set forth above), any such recorded Assignment, or such certified copy if such recorded Assignment has not been received by it, shall not be deemed a breach of this Agreement for any purpose. In the event that any such Assignment is lost or returned unrecorded because of a defect therein, the Seller shall promptly prepare a substitute Assignment or cure such defect, as the case may be, and thereafter cause one of its affiliates each such Assignment to record) all assignments be duly recorded. The Trust Administrator shall promptly upon receipt thereof (and in any event no longer than 30 days following the Closing Date), with respect to each Mortgage Loan required to be contained Note and Assignment of Mortgage delivered in the Mortgage File blank in the public recording office for the jurisdiction in which the related Mortgaged Property is located; provided, however, that, if the Trustee, the Certificate Insurer accordance with Section 2.04(a)(i) and each Rating Agency has received an Opinion of Counsel, Memorandum of Law or other assurance, in each case satisfactory in form to the Certificate Insurer and each Rating Agency, to the effect that the recordation of such assignments in any specific jurisdiction is not necessary to protect the Trustee's interest in the related Mortgage, the Seller shall not be required to record assignments in such jurisdiction; provided, further, that notwithstanding the delivery of any opinion of counsel, each assignment of the Mortgage Loan shall be submitted for recording by the Seller in the manner described above, at no expense to the Trust Fund, or the Trustee, upon the earliest to occur of (i) reasonable direction by Holders of Certificates entitled to at least 25% of the Voting Rights or the Certificate Insurer, (ii) the occurrence of a servicing transfer pursuant to Section 7.02 of this Agreement, (iii) the occurrence of a bankruptcyabove, insolvency or foreclosure relating to the Sellerrespectively, (iv) the occurrence of a Servicer Termination Event, and (v) if the Seller is not the Servicer and with respect to any one assignment of Mortgage, the occurrence of a bankruptcy, insolvency, or foreclosure relating to the Mortgagor under the related Mortgage. All recording fees relating to the recordation of the assignments as described above shall be paid by the Seller or an affiliate of the Seller. Such assignments with respect to each Mortgage Loan must be delivered to the recording office of the appropriate jurisdiction within 10 days after the Closing Date, and the failure of the related assignment to contain evidence of recording thereon within one year after the Closing Date will constitute a breach of this Agreement. The Trustee shall cause the Custodian Trustee to promptly complete the assignment of the Mortgages originated by the Seller endorse each such Mortgage Note and assign each such Assignment in the following form: "Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1form described therein." The Trustee shall cause the Custodian to complete the assignment of the Mortgages purchased by the Seller from F.C. Capital Corp. within fourteen (14) days and return to the Seller such Mortgages to be recorded. The Seller shall record the Mortgages purchased by the Seller from F.C. Capital Corp. within five (5) business days of receipt from the Custodian.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Document Delivery Requirements. (a) In connection with each the conveyance pursuant to Section 2.02 hereof, the Seller Depositor does hereby agree to deliver to, and deposit with, the CustodianTrust Administrator, as custodian for the TrusteeTrustee (in which capacity the Trust Administrator will, unless otherwise specified, be acting under this Article II), no later than two Business Days prior to the Closing Date, the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned:
(i) the original Mortgage Note, endorsed in blank or in the following form: "Pay to the order of Norwest Firstar Bank MinnesotaMilwaukee, National AssociationN.A., as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, for the Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1applicable agreement, without recourse", with all prior and intervening endorsements showing a complete chain of endorsement from the originator of the Mortgage Loan to the SellerTrustee;
(ii) the original Mortgage with evidence of recording thereon (or, if the original Mortgage has not been returned from the applicable public recording office or is not otherwise available, a copy of the Mortgage certified by a Responsible Officer of the Seller Master Servicer, in its capacity as originator of the Mortgage Loan, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Mortgage submitted for recording) and, if the Mortgage was executed pursuant to a power of attorney, the original power of attorney with evidence of recording thereon (or, if the original power of attorney has not been returned from the applicable public recording office or is not otherwise available, a copy of the power of attorney certified by a Responsible Officer of the Seller Master Servicer, in its capacity as originator of the Mortgage Loan, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor, to be a true and complete copy of the original power of attorney submitted for recording);
(iii) the original executed Assignment of the Mortgage, acceptable for recording except with respect to any currently unavailable recording information, from the Seller Depositor to the Trustee in the following form: "Norwest Firstar Bank MinnesotaMilwaukee, National AssociationN.A., as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1applicable agreement" or in blank;
(iv) the original Assignment and any intervening Assignments of the Mortgage, with evidence of recording thereon, showing a complete chain of assignment from origination of the Mortgage Loan to the Seller Depositor (or, if any such Assignment has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by a Responsible Officer of the Seller Master Servicer, in its capacity as originator of the Mortgage Loan, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Assignment submitted for recording);
(v) the original, or a copy certified by the Seller Depositor or the originator of the Mortgage Loan to be a true and complete copy of the original, of each assumption, modification, written assurance or substitution agreement, if any; and
(vi) an original, or a copy certified by the Seller Depositor to be a true and complete copy of the original, of a lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as first or second lien on the Mortgaged Property represented therein as a fee simple interest vested in the Mortgagor, or in the event such original title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company.
(b) With respect to any Mortgage referred to in Section 2.04(a)(ii) above as to which the original Mortgage is not available as of the Closing Date, and with respect to any Assignment referred to in Section 2.04(a)(iii) or 2.04(a)(iv) above as to which the original Assignment is not available as of the Closing Date, the Seller Depositor shall deliverdeliver or cause to be delivered, prior to the Closing Date, as the case may be, a copy of such Mortgage or such Assignment, as the case may be, certified by the Seller Master Servicer, in its capacity as originator of the Mortgage Loan, to be a true and complete copy, to the Custodian Trust Administrator and shall also deliver the original Mortgage, or where the original Mortgage is unavailable a copy thereof certified by the applicable public recording office, and the original Assignment, or where the original Assignment is unavailable a copy thereof certified by the applicable public recording office, to the Custodian Trust Administrator within five Business Days after receipt thereof by or on behalf of the Seller Depositor but in no event later than 360 days (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request made by or on behalf of the SellerDepositor) following the date of origination of the related Mortgage Loan or the date of such Assignment to the SellerDepositor, as the case may be. The failure of the Seller Depositor to deliver to the Custodian Trust Administrator (x) any original Mortgage under Section 2.04(a)(ii) above (or where the original is unavailable a copy thereof certified by the applicable public recording office) or (y) any original Assignment under Section 2.04(a)(iii) above and (iv) (or where the original is unavailable a copy thereof certified by the applicable public recording office) shall not be deemed a breach of this Agreement for any purpose whatsoever until the expiration of five Business Days after receipt thereof by or on behalf of the Seller Depositor or such 360-day period (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request made by or on behalf of the SellerDepositor) whichever is shorter. With respect to any lender's title insurance policy referred to in Section 2.04(a)(vi) above, Seller the Depositor agrees to deliver such documents with respect to the Mortgage Loans to the Custodian Trust Administrator within fifteen (15) days following the Closing Date. The Seller Trust Administrator shall record promptly (and in no event later than five Business Days following the Closing Date) submit or cause to be submitted for recording, at the Master Servicer's expense, in the appropriate public office for real property records, each original Assignment referred to in Section 2.04(a)(iii) above, as well as each original Assignment referred to in Section 2.04(a)(iv) above that was not previously submitted for recording. With respect to any original Assignment referred to in Section 2.04(a)(iii) above as to which the related recording information is unavailable within five Business Days following the Closing Date, such original Assignment shall be submitted for recording within five Business Days after receipt of such information but in no event later than 90 days (or such longer period, up to an additional 90 days, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Depositor) after the Closing Date. The Depositor shall deliver each recorded Assignment referred to in Section 2.04(a)(iii) above or, where the original is unavailable, a copy thereof certified by the applicable public recording office to be a true and complete copy of the original, to the Trust Administrator no later than the earlier of (i) five Business Days after receipt thereof and (ii) within 360 days after the Closing Date (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Depositor). Any failure of the Depositor to deliver to the Trust Administrator, prior to the expiration of five Business Days after receipt thereof by the Depositor or such 360-day period, whichever is shorter (or any such longer period as the Certificate Insurer may have approved in accordance with the terms set forth above), any such recorded Assignment, or such certified copy if such recorded Assignment has not been received by it, shall not be deemed a breach of this Agreement for any purpose. In the event that any such Assignment is lost or returned unrecorded because of a defect therein, the Master Servicer shall promptly prepare a substitute Assignment or cure such defect, as the case may be, and thereafter cause one of its affiliates each such Assignment to record) all assignments be duly recorded. The Trust Administrator shall promptly upon receipt thereof (and in any event no longer than 30 days following the Closing Date), with respect to each Mortgage Loan required Note and Assignment of Mortgage delivered in blank in accordance with Section 2.04(a)(i) and (iii) above, respectively, cause the Trustee to endorse each such Mortgage Note and assign each such Assignment in the form described therein. Notwithstanding anything to the contrary in this Section 2.04, the Trust Administrator need not cause to be contained recorded any Assignment which relates to a Mortgage Loan in any jurisdiction under the Mortgage File in laws of which, as evidenced by an Opinion of Counsel delivered by the public recording office for the jurisdiction in which the related Mortgaged Property is located; provided, however, that, if Depositor to the Trustee, the Trust Administrator, the Certificate Insurer and each the Rating Agency has received an Opinion of CounselAgencies, Memorandum of Law or other assurance, in each case satisfactory in form to the Certificate Insurer and each Rating Agency, to the effect that the recordation of such assignments in any specific jurisdiction assignment is not necessary to protect the Trustee's interest in the related Mortgage, the Seller shall not be required to record assignments in such jurisdictionMortgage Loan; provided, furtherhowever, that notwithstanding the delivery of any opinion Opinion of counselCounsel, each assignment Assignment of the Mortgage Loan shall be submitted for recording by the Seller Master Servicer in the manner described above, at no expense to the Trust FundEstate, the Trust Administrator or the Trustee, upon the earliest to occur of of: (i) reasonable direction by Holders of Certificates entitled to at least 25% of the Voting Rights or the Certificate Insurer, (ii) the occurrence of a servicing transfer pursuant to Section 7.02 of this AgreementMaster Servicer Default, (iii) the occurrence of a bankruptcy, insolvency or foreclosure relating to the SellerMaster Servicer, (iv) the occurrence of a Servicer Termination Event, servicing transfer as described in Section 7.02 hereof and (viv) if the Seller New Century is not the Master Servicer and with respect to any one assignment Assignment of Mortgage, the occurrence of a bankruptcy, insolvency, insolvency or foreclosure relating to the Mortgagor under the related Mortgage. All Notwithstanding the foregoing (and without prejudice to any claim against the Master Servicer for any such failure) if the Master Servicer fails to pay the cost of recording fees relating to the recordation Assignments of the assignments as described above shall Mortgage, such expense will be paid by the Seller or an affiliate of the Seller. Such assignments with respect to each Mortgage Loan must be delivered to the recording office of the appropriate jurisdiction within 10 days after the Closing Date, Trust Administrator and the failure of the related assignment to contain evidence of recording thereon within one year after the Closing Date will constitute a breach of this Agreement. The Trustee Trust Administrator shall cause the Custodian to promptly complete the assignment of the Mortgages originated be reimbursed for such expenses by the Seller in the following form: "Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1Trust." The Trustee shall cause the Custodian to complete the assignment of the Mortgages purchased by the Seller from F.C. Capital Corp. within fourteen (14) days and return to the Seller such Mortgages to be recorded. The Seller shall record the Mortgages purchased by the Seller from F.C. Capital Corp. within five (5) business days of receipt from the Custodian.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 1999-NCB)
Document Delivery Requirements. (a) In connection with each conveyance pursuant to Section 2.02 hereof, the Seller Cityscape does hereby agree to deliver to, and deposit with, the Custodian, as custodian for the Trustee, no later than two Business Days prior to the Closing Date or related Subsequent Transfer Date, as the case may be, the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned:
(i) the original Mortgage Note, endorsed in blank or in the following form: "Pay to the order of Norwest First Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1March 14, 20001997, for the Mortgage Lenders Network Cityscape Home Equity Loan Trust 2000-1Trust, Series 20001997-1B, without recourse", with all prior and intervening endorsements showing a complete chain of endorsement from the originator origination of the Mortgage Loan to the SellerCityscape;
(ii) the original Mortgage with evidence of recording thereon (or, if the original Mortgage has not been returned from the applicable public recording office or is not otherwise available, a copy of the Mortgage certified by a Responsible Officer of the Seller Cityscape or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Mortgage submitted for recording) and, if the Mortgage was executed pursuant to a power of attorney, the original power of attorney with evidence of recording thereon (or, if the original power of attorney has not been returned from the applicable public recording office or is not otherwise available, a copy of the power of attorney certified by a Responsible Officer of the Seller Cityscape or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor, to be a true and complete copy of the original power of attorney submitted for recording);
(iii) the original executed Assignment of the Mortgage, acceptable for recording except with respect to any currently unavailable recording information, from the Seller Cityscape to the Trustee in blank or in the following form: "Norwest First Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1March 14, 20001997, Mortgage Lenders Network Cityscape Home Equity Loan Trust 2000-1Trust, Series 20001997-1" or in blankB";
(iv) the original Assignment and any intervening Assignments of the Mortgage, with evidence of recording thereon, showing a complete chain of assignment from origination of the Mortgage Loan to the Seller Cityscape (or, if any such Assignment has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by a Responsible Officer of the Seller Cityscape or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Assignment submitted for recording);
(v) the original, or a copy certified by the Seller or Cityscape (or, if Cityscape did not originate such Mortgage Loan, the originator of the Mortgage Loan thereof) to be a true and complete copy of the original, of each assumption, modification, written assurance or substitution agreement, if any; and
(vi) an original, or a copy certified by the Seller Cityscape to be a true and complete copy of the original, of a lender's title insurance policy, together with all endorsements or riders that were if a lender's title policy has not been issued with as of the Closing Date or subsequent the Subsequent Transfer Date, as the case may be, of a commitment (binder) (including any marked additions thereto or deletions therefrom) to the issuance of issue such policy, insuring ;
(vii) either: (A) an original hazard insurance policy; (B) a certificate of insurance issued by the priority related insurer or its agent as to such policy; or (C) an Officers' Certificate of the Mortgage Cityscape certifying that a hazard insurance policy is in effect as first or second lien on to the Mortgaged Property represented therein as (in which case such Officers' Certificate shall be accompanied by a fee simple interest vested copy of such hazard insurance policy); and
(viii) If any Mortgaged Property is in an area identified in the MortgagorFederal Register by the Federal Emergency Management Act as having special flood hazards, or a flood insurance policy in a form meeting the requirements of the current guidelines of the Federal Insurance Administration, if obtainable with respect to such Mortgaged Property, is in effect with respect to such Mortgaged Property with a generally acceptable carrier in an amount representing coverage not less than the least of (A) the outstanding principal balance of the related Mortgage Loan (together , in the event such original title policy case of a Second Mortgage Loan, with the outstanding principal balance of the First Lien), (B) the minimum amount required to compensate for damage or loss on a replacement cost basis or (C) the maximum amount of insurance that is unavailable, a written commitment or uniform binder or preliminary report available under the Flood Disaster Protection Act of title issued by the title insurance or escrow company.1973;
(b) With respect to any Mortgage referred to in Section 2.04(a)(ii) above as to which the original Mortgage is not available as of the Closing Date or the Subsequent Transfer Date, as the case may be, and with respect to any Assignment referred to in Section 2.04(a)(iii) or 2.04(a)(iv) above as to which the original Assignment is not available as of the Closing Date or the Subsequent Transfer Date, as the Seller case may be, Cityscape shall deliver, prior to the Closing Date or the Subsequent Transfer Date, as the case may be, a copy of such Mortgage or such Assignment, as the case may be, certified by the Seller Cityscape to be a true and complete copy, to the Custodian Trustee and shall also deliver the original Mortgage, or where the original Mortgage is unavailable a copy thereof certified by the applicable public recording office, and the original Assignment, or where the original Assignment is unavailable a copy thereof certified by the applicable public recording office, to the Custodian Trustee within five Business Days after of receipt thereof by the Seller Cityscape but in no event later than 360 days (or such longer period, period as approved by the Certificate Insurer any one Rating Agency may approve in writing with respect to specific Mortgage Loans upon the request of the SellerCityscape) following the date of origination of the related Mortgage Loan or the date of such Assignment to the SellerCityscape, as the case may be. The failure of the Seller Cityscape to deliver to the Custodian Trustee (x) any original Mortgage under Section 2.04(a)(ii) above (or where the original is unavailable a copy thereof certified by the applicable public recording office) ), or (y) any original Assignment under Section 2.04(a)(iii) above and (iv) (or where the original is unavailable a copy thereof certified by the applicable public recording office) ), shall not be deemed a breach of this Agreement for any purpose whatsoever until the expiration of five Business Days after receipt thereof by the Seller or such 360-360 day period (or such longer period, period as approved by the Certificate Insurer any one Rating Agency may approve in writing with respect to specific Mortgage Loans upon the request of Cityscape). The Trustee shall promptly (and in no event later than five Business Days following the SellerClosing Date and each Subsequent Transfer Date) whichever is shortersubmit for recording, at Cityscape's own expense, in the appropriate public office for real property records, each original Assignment referred to in Section 2.04(a)(iii) above, as well as each original Assignment referred to in Section 2.04(a)(iv) above that was not previously submitted for recording. With respect to any lender's title insurance policy original Assignment referred to in Section 2.04(a)(vi2.04(a)(iii) aboveabove as to which the related recording information is unavailable within five Business Days following the Closing Date or the Subsequent Transfer Date, Seller agrees as the case may be, such original Assignment shall be submitted for recording within five Business Days after receipt of such information but in no event later than 90 days (or such longer period, up to deliver such documents an additional 90 days, as any one Rating Agency may approve and any longer period as approved by any one Rating Agency and by the Majority Certificateholders in writing with respect to the specific Mortgage Loans upon the request of Cityscape) after the Closing Date or any Subsequent Transfer Date. Cityscape shall deliver each recorded Assignment referred to in Section 2.04(a)(iii) or, where the original is unavailable, a copy thereof certified by the applicable public recording office to be a true and complete copy of the original, to the Custodian Trustee no later than the earlier of (i) five Business Days after receipt thereof and (ii) within fifteen 360 days after the Closing Date or any Subsequent Transfer Date (15) or such longer period as any one Rating Agency may approve in writing with respect to specific Mortgage Loans upon the request of Cityscape). Any failure of Cityscape to deliver to the Trustee, prior to the expiration of such 360 day period (or any such longer period as any one Rating Agency may have approved in accordance with the terms set forth above), any such recorded Assignment, or such certified copy if such recorded Assignment has not been received by it, shall not be deemed a breach of this Agreement for any purpose. In the event that any such Assignment is lost or returned unrecorded because of a defect therein, Cityscape shall promptly prepare a substitute Assignment or cure such defect, as the case may be, and thereafter cause each such Assignment to be duly recorded. The Trustee shall promptly upon receipt thereof (and in any event no longer than 30 days following the Closing Date or the Subsequent Transfer Date. The Seller shall record (or to cause one of its affiliates to record) all assignments , as the case may be), with respect to each Mortgage Loan required Note and Assignment of Mortgage delivered in blank in accordance with Section 2.04(a)(i) and (iii), respectively, endorse each such Mortgage Note and assign each such Assignment in the form described therein.
(c) the original policy of title insurance or a copy certified by Cityscape to be contained a true and complete copy in those instances where a commitment (binder) (including any marked additions thereto or deletions therefrom) to issue such policy was delivered to the Trustee; and (d) any other original documents constituting a part of a Mortgage File in the public recording office for the jurisdiction in which the related Mortgaged Property is located; provided, however, that, if the Trustee, the Certificate Insurer and each Rating Agency has received an Opinion of Counsel, Memorandum of Law or other assurance, in each case satisfactory in form to the Certificate Insurer and each Rating Agency, to the effect that the recordation of such assignments in any specific jurisdiction is not necessary to protect the Trustee's interest in the related Mortgage, the Seller shall not be required to record assignments in such jurisdiction; provided, further, that notwithstanding the delivery of any opinion of counsel, each assignment of the Mortgage Loan shall be submitted for recording by the Seller in the manner described above, at no expense to the Trust Fund, or the Trustee, upon the earliest to occur of (i) reasonable direction by Holders of Certificates entitled to at least 25% of the Voting Rights or the Certificate Insurer, (ii) the occurrence of a servicing transfer pursuant to Section 7.02 of this Agreement, (iii) the occurrence of a bankruptcy, insolvency or foreclosure relating to the Seller, (iv) the occurrence of a Servicer Termination Event, and (v) if the Seller is not the Servicer and with respect to any one assignment Mortgage Loan, including, but not limited to, any original documents evidencing an assumption or modification of Mortgageany Mortgage Loan. In the event that any Rating Agency approves in writing any extension of time for delivery of any document as provided for in this Section 2.04(b), a copy of such written approval shall be sent to the occurrence of a bankruptcy, insolvency, or foreclosure Trustee and the other Rating Agencies. All original documents relating to the Mortgagor under the related Mortgage. All recording fees relating Mortgage Loans that are not delivered to the recordation Trustee are and shall be held by Cityscape or the Servicer, as the case may be, in trust for the benefit of the assignments as described above Trustee on behalf of the Certificateholders. In the event that any such original document is required pursuant to the terms of this Section to be a part of a Mortgage File, such document shall be paid delivered promptly to the Trustee. Any original document that is not required pursuant to the terms of this Section to be a part of a Mortgage File delivered to or held by the Seller or an affiliate Trustee shall be delivered promptly to the Servicer. In connection with the delivery of documentation provided by this Section 2.04, Cityscape hereby appoints the SellerTrustee its attorney with full power and authority to act in its stead for the purpose of executing and certifying assignments and endorsing and certifying promissory notes which make a part of each Mortgage File to cure any deficiencies in such documentation. Such assignments If Cityscape has not delivered all required documentation with respect to each any Mortgage Loan must within the time periods, if any, specified in this Agreement, Cityscape shall be delivered required to take action with respect to such Mortgage Loan as and to the recording office of the appropriate jurisdiction within 10 days after the Closing Date, and the failure of the related assignment to contain evidence of recording thereon within one year after the Closing Date will constitute a breach of this Agreement. The Trustee shall cause the Custodian to promptly complete the assignment of the Mortgages originated by the Seller extent provided in the following form: "Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1Section 2.06 hereof." The Trustee shall cause the Custodian to complete the assignment of the Mortgages purchased by the Seller from F.C. Capital Corp. within fourteen (14) days and return to the Seller such Mortgages to be recorded. The Seller shall record the Mortgages purchased by the Seller from F.C. Capital Corp. within five (5) business days of receipt from the Custodian.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Document Delivery Requirements. (a) In connection with each the conveyance pursuant to Section 2.02 hereof, the Seller Depositor does hereby agree to deliver to, and deposit with, the CustodianTrust Administrator, as custodian for the TrusteeTrustee (in which capacity the Trust Administrator will, unless otherwise specified, be acting under this Article II), no later than two Business Days prior to the Closing Date, the following documents or instruments with respect to each Initial Mortgage Loan Loan, and shall, in accordance with Section 2.11, deliver or cause to be delivered to the Trust Administrator with respect to each Subsequent Mortgage Loan, the following documents or instruments (with respect to each Mortgage Loan, a "Mortgage File") so transferred and assigned:):
(i) the original Mortgage Note, endorsed in blank or in the following form: "Pay to the order of Norwest Bank MinnesotaFirstar Bank, National AssociationN.A., as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, for the Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1applicable agreement, without recourse", with all prior and intervening endorsements showing a complete chain of endorsement from the originator of the Mortgage Loan to the SellerTrustee;
(ii) the original Mortgage with evidence of recording thereon (or, if the original Mortgage has not been returned from the applicable public recording office or is not otherwise available, a copy of the Mortgage certified by a Responsible Officer of the Seller Master Servicer, in its capacity as originator of the Mortgage Loan, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Mortgage submitted for recording) and, if the Mortgage was executed pursuant to a power of attorney, the original power of attorney with evidence of recording thereon (or, if the original power of attorney has not been returned from the applicable public recording office or is not otherwise available, a copy of the power of attorney certified by a Responsible Officer of the Seller Master Servicer, in its capacity as Originator, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor, to be a true and complete copy of the original power of attorney submitted for recording);
(iii) the original executed Assignment of the Mortgage, acceptable for recording except with respect to any currently unavailable recording information, from the Seller Depositor to the Trustee in the following form: "Norwest Bank MinnesotaFirstar Bank, National AssociationN.A., as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1applicable agreement" or in blank;
(iv) the original Assignment and any intervening Assignments of the Mortgage, with evidence of recording thereon, showing a complete chain of assignment from origination of the Mortgage Loan to the Seller Depositor (or, if any such Assignment has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by a Responsible Officer of the Seller Master Servicer, in its capacity as Originator, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Assignment submitted for recording);
(v) the original, or a copy certified by the Seller Depositor or the originator of the Mortgage Loan Originator to be a true and complete copy of the original, of each assumption, modification, written assurance or substitution agreement, if any; and
(vi) an original, or a copy certified by the Seller Depositor to be a true and complete copy of the original, of a lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as first or second lien on the Mortgaged Property represented therein as a fee simple interest vested in the Mortgagor, or in the event such original title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company.
(b) With respect to any Mortgage referred to in Section 2.04(a)(ii) above as to which the original Mortgage is not available as of the Closing Date (or the relevant Subsequent Transfer Date, with respect to a Subsequent Mortgage Loan), and with respect to any Assignment referred to in Section 2.04(a)(iii) or 2.04(a)(iv) above as to which the original Assignment is not available as of the Closing Date (or the relevant Subsequent Transfer Date, with respect to a Subsequent Mortgage Loan), the Seller Depositor shall deliverdeliver or cause to be delivered, prior to the Closing Date (or the relevant Subsequent Transfer Date, as the case may bewith respect to a Subsequent Mortgage Loan), a copy of such Mortgage or such Assignment, as the case may be, certified by the Seller Master Servicer, in its capacity as Originator, to be a true and complete copy, to the Custodian Trust Administrator and shall also deliver the original Mortgage, or where the original Mortgage is unavailable a copy thereof certified by the applicable public recording office, and the original Assignment, or where the original Assignment is unavailable a copy thereof certified by the applicable public recording office, to the Custodian Trust Administrator within five Business Days after receipt thereof by or on behalf of the Seller Depositor but in no event later than 360 days (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request made by or on behalf of the SellerDepositor) following the date of origination of the related Mortgage Loan or the date of such Assignment to the SellerDepositor, as the case may be. The failure of the Seller Depositor to deliver to the Custodian Trust Administrator (x) any original Mortgage under Section 2.04(a)(ii) above (or where the original is unavailable a copy thereof certified by the applicable public recording office) or (y) any original Assignment under Section 2.04(a)(iii) above and (iv) (or where the original is unavailable a copy thereof certified by the applicable public recording office) shall not be deemed a breach of this Agreement for any purpose whatsoever until the expiration of five Business Days after receipt thereof by the Seller or such 360-day period (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Seller) whichever is shorter. With respect to any lender's title insurance policy referred to in Section 2.04(a)(vi) above, Seller agrees to deliver such documents with respect to the Mortgage Loans to the Custodian within fifteen (15) days following the Closing Date. The Seller shall record (or to cause one of its affiliates to record) all assignments with respect to each Mortgage Loan required to be contained in the Mortgage File in the public recording office for the jurisdiction in which the related Mortgaged Property is located; provided, however, that, if the Trustee, the Certificate Insurer and each Rating Agency has received an Opinion of Counsel, Memorandum of Law or other assurance, in each case satisfactory in form to the Certificate Insurer and each Rating Agency, to the effect that the recordation of such assignments in any specific jurisdiction is not necessary to protect the Trustee's interest in the related Mortgage, the Seller shall not be required to record assignments in such jurisdiction; provided, further, that notwithstanding the delivery of any opinion of counsel, each assignment of the Mortgage Loan shall be submitted for recording by the Seller in the manner described above, at no expense to the Trust Fund, or the Trustee, upon the earliest to occur of (i) reasonable direction by Holders of Certificates entitled to at least 25% of the Voting Rights or the Certificate Insurer, (ii) the occurrence of a servicing transfer pursuant to Section 7.02 of this Agreement, (iii) the occurrence of a bankruptcy, insolvency or foreclosure relating to the Seller, (iv) the occurrence of a Servicer Termination Event, and (v) if the Seller is not the Servicer and with respect to any one assignment of Mortgage, the occurrence of a bankruptcy, insolvency, or foreclosure relating to the Mortgagor under the related Mortgage. All recording fees relating to the recordation of the assignments as described above shall be paid by the Seller or an affiliate of the Seller. Such assignments with respect to each Mortgage Loan must be delivered to the recording office of the appropriate jurisdiction within 10 days after the Closing Date, and the failure of the related assignment to contain evidence of recording thereon within one year after the Closing Date will constitute a breach of this Agreement. The Trustee shall cause the Custodian to promptly complete the assignment of the Mortgages originated by the Seller in the following form: "Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1." The Trustee shall cause the Custodian to complete the assignment of the Mortgages purchased by the Seller from F.C. Capital Corp. within fourteen (14) days and return to the Seller such Mortgages to be recorded. The Seller shall record the Mortgages purchased by the Seller from F.C. Capital Corp. within five (5) business days of receipt from the Custodian.under
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Mort Sec Inc Home Equity Loan Trust Ser 1999 NCD)
Document Delivery Requirements. (a) In connection with each the conveyance pursuant to Section 2.02 hereof, the Seller Depositor does hereby agree to deliver to, and deposit with, the CustodianTrust Administrator, as custodian for the TrusteeTrustee (in which capacity the Trust Administrator will, unless otherwise specified, be acting under this Article II), no later than two Business Days prior to the Closing Date, the following documents or instruments (with respect to each Mortgage Loan (Loan, a "Mortgage File") so transferred and assigned:
(i) the original Mortgage Note, endorsed in blank or in the following form: "Pay to the order of Norwest Bank MinnesotaFirstar Bank, National AssociationN.A., as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, for the Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1applicable agreement, without recourse", with all prior and intervening endorsements showing a complete chain of endorsement from the originator of the Mortgage Loan to the SellerTrustee;
(ii) the original Mortgage with evidence of recording thereon (or, if the original Mortgage has not been returned from the applicable public recording office or is not otherwise available, a copy of the Mortgage certified by a Responsible Officer of the Seller Master Servicer, in its capacity as originator of the Mortgage Loan, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Mortgage submitted for recording) and, if the Mortgage was executed pursuant to a power of attorney, the original power of attorney with evidence of recording thereon (or, if the original power of attorney has not been returned from the applicable public recording office or is not otherwise available, a copy of the power of attorney certified by a Responsible Officer of the Seller Master Servicer, in its capacity as originator of the Mortgage Loan, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor, to be a true and complete copy of the original power of attorney submitted for recording);
(iii) the original executed Assignment of the MortgageAssignment, acceptable for recording except with respect to any currently unavailable recording information, from the Seller Depositor to the Trustee in the following form: "Norwest Bank MinnesotaFirstar Bank, National AssociationN.A., as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1applicable agreement" or in blank;
(iv) the original Assignment and any intervening Assignments of the MortgageAssignments, with evidence of recording thereon, showing a complete chain of assignment from origination of the Mortgage Loan to the Seller Depositor (or, if any such Assignment has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by a Responsible Officer of the Seller Master Servicer, in its capacity as originator of the Mortgage Loan, or by the closing attorney or by an officer of the title insurer or agent of the title insurer which issued the related title insurance policy or commitment therefor to be a true and complete copy of the original Assignment submitted for recording);
(v) the original, or a copy certified by the Seller Depositor or the originator of the Mortgage Loan to be a true and complete copy of the original, of each assumption, modification, written assurance or substitution agreement, if any; and
(vi) an original, or a copy certified by the Seller Depositor to be a true and complete copy of the original, of a lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as first or second lien on the Mortgaged Property represented therein as a fee simple interest vested in the Mortgagor, or in the event such original title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company.
(b) With respect to any Mortgage referred to in Section 2.04(a)(ii) above as to which the original Mortgage is not available as of the Closing Date, and with respect to any Assignment referred to in Section 2.04(a)(iii) or 2.04(a)(iv) above as to which the original Assignment is not available as of the Closing Date, the Seller Depositor shall deliverdeliver or cause to be delivered, prior to the Closing Date, as the case may be, a copy of such Mortgage or such Assignment, as the case may be, certified by the Seller Master Servicer, in its capacity as Originator, to be a true and complete copy, to the Custodian Trust Administrator and shall also deliver the original Mortgage, or where the original Mortgage is unavailable a copy thereof certified by the applicable public recording office, and the original Assignment, or where the original Assignment is unavailable a copy thereof certified by the applicable public recording office, to the Custodian Trust Administrator within five (5) Business Days after receipt thereof by or on behalf of the Seller Depositor but in no event later than 360 days (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request made by or on behalf of the SellerDepositor) following the date of origination of the related Mortgage Loan or the date of such Assignment to the SellerDepositor, as the case may be. The failure of the Seller Depositor to deliver to the Custodian Trust Administrator (x) any original Mortgage under Section 2.04(a)(ii) above (or where the original is unavailable a copy thereof certified by the applicable public recording office) or (y) any original Assignment under Section 2.04(a)(iii) above and (iv) (or where the original is unavailable a copy thereof certified by the applicable public recording office) shall not be deemed a breach of this Agreement for any purpose whatsoever until the expiration of five (5) Business Days after receipt thereof by or on behalf of the Seller Depositor or such 360-day period (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request made by or on behalf of the SellerDepositor) whichever is shorter. With respect to any lender's title insurance policy referred to in Section 2.04(a)(vi) above, Seller the Depositor agrees to deliver such documents with respect to the Mortgage Loans to the Custodian Trust Administrator within fifteen (15) 15 days following the Closing Date. The Seller Trust Administrator shall record promptly (and in no event later than five (5) Business Days following the Closing Date) submit or cause to cause one of its affiliates be submitted for recording, at the Master Servicer's expense, in the appropriate public office for real property records, each original Assignment referred to recordin Section 2.04(a)(iii) all assignments with above, as well as each original Assignment referred to in Section 2.04(a)(iv) above that was not previously submitted for recording. With respect to each Mortgage Loan required any original Assignment referred to be contained in the Mortgage File in the public recording office for the jurisdiction in Section 2.04(a)(iii) above as to which the related Mortgaged Property recording information is located; providedunavailable within five (5) Business Days following the Closing Date, however, that, if the Trustee, the Certificate Insurer and each Rating Agency has received an Opinion of Counsel, Memorandum of Law or other assurance, in each case satisfactory in form to the Certificate Insurer and each Rating Agency, to the effect that the recordation of such assignments in any specific jurisdiction is not necessary to protect the Trustee's interest in the related Mortgage, the Seller shall not be required to record assignments in such jurisdiction; provided, further, that notwithstanding the delivery of any opinion of counsel, each assignment of the Mortgage Loan original Assignment shall be submitted for recording by the Seller in the manner described above, at no expense to the Trust Fund, or the Trustee, upon the earliest to occur of (i) reasonable direction by Holders of Certificates entitled to at least 25% of the Voting Rights or the Certificate Insurer, (ii) the occurrence of a servicing transfer pursuant to Section 7.02 of this Agreement, (iii) the occurrence of a bankruptcy, insolvency or foreclosure relating to the Seller, (iv) the occurrence of a Servicer Termination Event, and (v) if the Seller is not the Servicer and with respect to any one assignment of Mortgage, the occurrence of a bankruptcy, insolvency, or foreclosure relating to the Mortgagor under the related Mortgage. All recording fees relating to the recordation of the assignments as described above shall be paid by the Seller or an affiliate of the Seller. Such assignments with respect to each Mortgage Loan must be delivered to the recording office of the appropriate jurisdiction within 10 days after the Closing Date, and the failure of the related assignment to contain evidence of recording thereon within one year after the Closing Date will constitute a breach of this Agreement. The Trustee shall cause the Custodian to promptly complete the assignment of the Mortgages originated by the Seller in the following form: "Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement, dated as of April 1, 2000, Mortgage Lenders Network Home Equity Loan Trust 2000-1, Series 2000-1." The Trustee shall cause the Custodian to complete the assignment of the Mortgages purchased by the Seller from F.C. Capital Corp. within fourteen (14) days and return to the Seller such Mortgages to be recorded. The Seller shall record the Mortgages purchased by the Seller from F.C. Capital Corp. within five (5) business Business Days after receipt of such information but in no event later than 90 days (or such longer period, up to an additional 90 days, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the Depositor) after the Closing Date. The Depositor shall deliver each recorded Assignment referred to in Section 2.04(a)(iii) above or, where the original is unavailable, a copy thereof certified by the applicable public recording office to be a true and complete copy of the original, to the Trust Administrator no later than the earlier of (i) five (5) Business Days after receipt from thereof and (ii) within 360 days after the Custodian.Closing Date (or such longer period, as approved by the Certificate Insurer in writing with respect to specific Mortgage Loans upon the request of the
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Mort Sec Inc New Cent Hm Eq Ln Tr Ser 2000-Nca)