Common use of Examination of Custodial Mortgage Files Clause in Contracts

Examination of Custodial Mortgage Files. Prior to the related Closing Date, the Company shall (a) deliver to the Purchaser in escrow, for examination, the Custodial Mortgage File for each Mortgage Loan, including a copy of the Assignment of Mortgage, pertaining to each Mortgage Loan, or (b) make the Custodial Mortgage Files available to the Purchaser for examination at the Company’s offices or such other location as shall otherwise be agreed upon by the Purchaser and the Company. Such examination may be made by the Purchaser at any time (which is reasonably acceptable to the Purchaser and Company) before or after the related Closing Date or by any prospective purchaser of the Mortgage Loans from the Purchaser, at any time after the Closing Date upon prior reasonable notice to the Company. The fact that the Purchaser or any prospective purchaser of the Mortgage Loans has conducted or has failed to conduct any partial or complete examination of the Custodial Mortgage Files shall not affect the Purchaser’s (or any of its successor’s) rights to demand repurchase, substitution or other relief as provided under this Agreement. The Company shall make the Retained Mortgage Files available to the Purchaser for examination at the Company’s offices or such other location as shall otherwise be agreed upon by the Purchaser and the Company. Such examination may be made by the Purchaser or by any prospective purchaser of the Mortgage Loans from the Purchaser, at any time before or after the related Closing Date upon prior reasonable notice to the Company. The fact that the Purchaser or any prospective purchaser of the Mortgage Loans has conducted or has failed to conduct any partial or complete examination of the Retained Mortgage Files shall not affect the Purchaser’s (or any of its successor’s) rights to demand repurchase, substitution or other relief as provided under this Agreement.

Appears in 5 contracts

Samples: Assumption and Recognition Agreement (GSR Mortgage Loan Trust 2007-2f), Assumption and Recognition Agreement (GSR Mortgage Loan Trust 2007-3f), Assumption and Recognition Agreement (GSR Mortgage Loan Trust 2007-Ar2)

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Examination of Custodial Mortgage Files. Prior to the related Closing Date, the Company Seller shall (a) deliver to the Purchaser in escrow, for examination, the Custodial Mortgage File for each Mortgage Loan, including a copy of the Assignment of Mortgage, pertaining to each Mortgage Loan, or (b) make the Custodial Mortgage Files and the Retained Mortgage Files available to the Purchaser for examination at the Company’s Seller's offices or such other location as shall otherwise be agreed upon by the Purchaser and the CompanySeller. Such examination may be made by the Purchaser at any time (which is reasonably acceptable to the Purchaser and Company) before or after the related Closing Date or by any prospective purchaser of the Mortgage Loans from the Purchaser, at any time before or after the Closing Date upon prior reasonable notice to the CompanySeller. The fact that the Purchaser or any prospective purchaser of the Mortgage Loans has conducted or has failed to conduct any partial or complete examination of the Custodial Mortgage Files and the Retained Mortgage Files shall not affect the Purchaser’s 's (or any of its successor’s's) rights to demand repurchase, substitution or other relief or remedy as provided under this the related Seller's Warranties and Servicing Agreement. The Company Prior to Seller’s receipt of the Purchase Price, the Purchaser shall make cause the Retained Mortgage Files available Custodian to act as bailee for the sole and exclusive benefit of the Seller pursuant to the Purchaser Custodial Agreement and act only in accordance with Seller’s instructions. Upon the Seller’s receipt of the Purchase Price, the Seller shall provide notification to the Custodian to release ownership of the Mortgage Loan Documents specified above to the Purchaser. Such notification shall be in a form of a written notice by facsimile or other electronic media, with a copy sent to the Purchaser. Subsequent to such release, such Mortgage Loan Documents shall be retained by the Custodian for examination at the Company’s offices or such other location as shall otherwise be agreed upon benefit of the Purchaser. All Mortgage Loan Documents related to Mortgage Loans not purchased by the Purchaser and on the Company. Such examination may Closing Date, shall be made maintained by the Purchaser or by any prospective purchaser Custodian for the benefit of the Mortgage Loans from Seller and shall be returned to the Purchaser, at any time before or Seller within two (2) Business Days after the related Closing Date upon prior reasonable notice to the Company. The fact that the Purchaser or any prospective purchaser of the Mortgage Loans has conducted or has failed to conduct any partial or complete examination of the Retained Mortgage Files shall not affect the Purchaser’s (or any of its successor’s) rights to demand repurchase, substitution or other relief as provided under this AgreementDate.

Appears in 3 contracts

Samples: Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-5), Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-6), Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-4)

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