Common use of Filing and Assignment, Name Change or Relocation Clause in Contracts

Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California a UCC-1 financing statement signed by GreenPoint describing the related Contracts as collateral and naming GreenPoint as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; provided, however, that GreenPoint, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further provided, that the Servicer shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit LLC)

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Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California a UCC-1 financing statement signed by GreenPoint GCC describing the related Contracts as collateral and naming GreenPoint GCC as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; provided, however, that GreenPointGCC, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further provided, that the Servicer shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Greenpoint Financial Corp), Pooling and Servicing Agreement (Greenpoint Credit Corp), Pooling and Servicing Agreement (Greenpoint Financial Corp)

Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California a UCC-1 financing statement signed by GreenPoint describing the related Contracts as collateral and naming GreenPoint as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; provided, however, that GreenPoint, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further provided, that the Servicer ------- -------- shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenpoint Credit LLC)

Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California a UCC-1 financing statement signed by GreenPoint GCC describing the related Contracts as collateral and naming GreenPoint GCC as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; provided, however, that GreenPointGCC, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further provided, that the Servicer shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenpoint Financial Corp)

Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California a UCC-1 financing statement signed by GreenPoint describing the related Contracts as collateral and naming GreenPoint as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; provided, however, that GreenPoint, so long as it -------- ------- is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further provided, that the Servicer shall have no ------- -------- obligation pursuant to this ------- -------- sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenpoint Financial Corp)

Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California California (i) For any Contracts sold by BAFSB, a UCC-1 financing statement signed by GreenPoint BAFSB describing the related Contracts as collateral and naming GreenPoint BAFSB as debtor and the Trustee as secured party. (ii) For any Contracts sold by Bank of America, a UCC-1 financing statement signed by Bank of America and describing such Contracts as collateral and naming Bank of America as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; providedPROVIDED, howeverHOWEVER, that GreenPointBAFSB, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the applicable Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the related Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further providedFURTHER PROVIDED, that the Servicer shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the related Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller Sellers agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bank of America FSB/Ca)

Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California a UCC-1 financing statement signed by GreenPoint describing the related Contracts as collateral and naming GreenPoint as debtor and the Trustee Purchaser as secured partyparty with an assignment by the Purchaser to the Indenture Trustee. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the CertificateholdersNoteholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; provided, however, that -------- ------- GreenPoint, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.224.20, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Indenture Trustee or the Contract Seller Purchaser or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further provided, that the Servicer ------- -------- shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Indenture Trustee's security interest in a Manufactured Home, except to enforce the Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 1 contract

Samples: Contract Sale and Servicing Agreement (Greenpoint Credit LLC)

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Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California California: (i) For any Contracts sold by BAFSB, a UCC-1 financing statement signed by GreenPoint BAFSB describing the related Contracts as collateral and naming GreenPoint BAFSB as debtor and the Trustee as secured party; and (ii) For any Contracts sold by Bank of America, a UCC-1 financing statement signed by Bank of America and describing such Contracts as collateral and naming Bank of America as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; provided, however, that GreenPointBAFSB, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the applicable Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the related Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further provided, that the Servicer ------- -------- shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the related Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller Sellers agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bank of America National Trust & Saving Association)

Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California for all Contracts sold by the Contract Seller hereunder, a UCC-1 financing statement signed by GreenPoint the Contract Seller describing the related Contracts as collateral and naming GreenPoint the Contract Seller as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; providedPROVIDED, howeverHOWEVER, that GreenPointBankAmerica Housing Services, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further providedFURTHER PROVIDED, that the Servicer shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bank of America FSB/Ca)

Filing and Assignment, Name Change or Relocation. (a) On or prior to the Closing Date, the Servicer shall cause to be filed in the office of the Secretary of State of California for all Contracts sold by the Contract Seller hereunder, a UCC-1 financing statement signed by GreenPoint the Contract Seller describing the related Contracts as collateral and naming GreenPoint the Contract Seller as debtor and the Trustee as secured party. From time to time, the Servicer shall take and cause to be taken such actions and execute such documents as are necessary to perfect and protect the Certificateholders' interests in the Contracts and their proceeds and the Manufactured Homes and the Mortgaged Properties against all other Persons, including the filing of financing statements, amendments thereto and continuation statements, the execution of transfer instruments and the making of notations on or taking possession of all records or documents of title; provided, however, that GreenPointBAFSB, so long as it is the Servicer, shall not be -------- ------- required to cause notations to be made on any document of title relating to any Manufactured Home or to execute any transfer instrument relating to any Manufactured Home (other than a notation or a transfer instrument necessary to show the Contract Seller as the lienholder or legal title holder) or, except as provided in Section 4.22, to file documents in real property records with respect to a Manufactured Home or related Contract, absent notice from the Trustee or the Contract Seller or actual knowledge that such Manufactured Home that does not secure a Land Home Contract has become real property under applicable state law; and further provided, that the Servicer shall have no ------- -------- obligation pursuant to this sentence with respect to any failure to maintain a first-priority perfected security interest which results from a breach of any representation or warranty in Section 3.02(j) or (u) as to the Trustee's security interest in a Manufactured Home, except to enforce the Contract Seller's obligations in respect thereof in Section 3.05. The Trustee and the Contract Seller agree to take whatever action is necessary to enable the Servicer to fulfill its obligations as set forth in this Section 2.02(a). (b) The Servicer agrees to pay all reasonable costs and disbursements in connection with its duties specified in this Section 2.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bank of America National Trust & Saving Association)

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