Common use of Documents Delivered to Trustee or Custodian Clause in Contracts

Documents Delivered to Trustee or Custodian. In connection with any transfer of a Mortgage Loan into a Trust, subject to paragraph (d) of this Subsection 3.4(1), the following documents, if applicable to that Mortgage Loan, will be delivered (electronically or otherwise) to the Trustee or a Custodian: (i) (x) the original Mortgage Note or other instrument evidencing the Borrower’s indebtedness, endorsed in blank or to the Issuer or the Trustee, and (y) if applicable, the original, or if the original is unavailable, a copy, of any documents that modify the terms and conditions of the Mortgage Note (such as a modification agreement, assumption agreement or allonge); (ii) for consolidation, extension and modification agreements, either (x) the original executed amended and restated or consolidated Mortgage Note endorsed in blank or to the Issuer or the Trustee or (y) all originals of prior executed Mortgage Notes and a new originally executed Mortgage Note (if additional funds are advanced), each endorsed in blank or to the Issuer or the Trustee, together with the consolidation, extension and modification agreement, or such other documentation as may be used in the applicable state or jurisdiction with respect to consolidation of loans and acceptable to the Issuer for the delivery of loans; or (iii) for a Participation Interest, if the same is in certificated form, the original certificate of participation or other evidence of the Participation Interest endorsed in blank or made in favor of the Issuer or the Trustee, and if it is not in certificated form, original documentation, according to the terms of the instruments establishing the Participation Interest, that evidences the conveyance of the Participation Interest, executed in blank or to the Issuer or the Trustee, or as required by the book-entry rules applicable to that Participation Interest.

Documents Delivered to Trustee or Custodian. In connection with any transfer of a Mortgage Loan into a Trust, subject to paragraph (de) of this Subsection 3.4(1) (and, in the case of substituted Mortgaged Properties, subject to the additional provisions of Sections 3.6 and 5.11), the following documents, if applicable to that Mortgage Loan, will be delivered (electronically or otherwise) to the Trustee or a Custodian: (i) (x) the original Mortgage Note or other instrument evidencing the Borrower’s indebtedness, endorsed in blank or to the Issuer or the Trustee, and (y) if applicable, the original, or if the original is unavailable, a copy, of any documents that modify the terms and conditions of the Mortgage Note (such as a modification agreement, assumption agreement or allonge); (ii) for consolidation, extension and modification agreements, either (x) the original executed amended and restated or consolidated Mortgage Note endorsed in blank or to the Issuer or the Trustee or (y) all originals of prior executed Mortgage Notes and a new originally executed Mortgage Note (if additional funds are advanced), each endorsed in blank or to the Issuer or the Trustee, together with the consolidation, extension and modification agreement, or such other documentation as may be used in the applicable state or jurisdiction with respect to consolidation of loans and acceptable to the Issuer for the delivery of loans; or (iii) for a Participation Interest, if the same is in certificated form, the original certificate of participation or other evidence of the Participation Interest endorsed in blank or either made in favor of the Issuer or the Trustee or accompanied by an assignment of the Participation Interest to the Issuer or the Trustee, and if it is not in certificated form, original documentation, according to the terms of the instruments establishing the Participation Interest, that evidences the conveyance of the Participation Interest, executed in blank or to the Issuer or the Trustee, or as required by the book-entry rules applicable to that Participation Interest.

Documents Delivered to Trustee or Custodian. In connection with any transfer of a Mortgage Loan into a Trust, subject to paragraph (de) of this Subsection 3.4(1) (and, in the case of substituted Mortgaged Properties, subject to the additional provisions of Sections 3.6 and 5.12), the following documents, if applicable to that Mortgage Loan, will be delivered (electronically or otherwise) to the Trustee or a Custodian: (i) (x) the original Mortgage Note or other instrument evidencing the Borrower’s indebtedness, endorsed in blank or to the Issuer or the Trustee, and (y) if applicable, the original, or if the original is unavailable, a copy, of any documents that modify the terms and conditions of the Mortgage Note (such as a modification agreement, assumption agreement or allonge); (ii) for consolidation, extension and modification agreements, either (x) the original executed amended and restated or consolidated Mortgage Note endorsed in blank or to the Issuer or the Trustee or (y) all originals of prior executed Mortgage Notes and a new originally executed Mortgage Note (if additional funds are advanced), each endorsed in blank or to the Issuer or the Trustee, together with the consolidation, extension and modification agreement, or such other documentation as may be used in the applicable state or jurisdiction with respect to consolidation of loans and acceptable to the Issuer for the delivery of loans; or (iii) for a Participation Interest, if the same is in certificated form, the original certificate of participation or other evidence of the Participation Interest endorsed in blank or either made in favor of the Issuer or the Trustee or accompanied by an assignment of the Participation Interest to the Issuer or the Trustee, and if it is not in certificated form, original documentation, according to the terms of the instruments establishing the Participation Interest, that evidences the conveyance of the Participation Interest, executed in blank or to the Issuer or the Trustee, or as required by the book-entry rules applicable to that Participation Interest.