Common use of Filing of Continuation Statements Clause in Contracts

Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by the Loan Originator and the Depositor, respectively, with respect to the assets conveyed to the Trust, the Loan Originator and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Loan Originator and the Depositor, respectively, and the Loan Originator and the Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Trust Agreement. The Indenture Trustee agrees to reasonably cooperate with the Loan Originator and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator and the Depositor on the third Payment Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION 2.03 hereof. If the Loan Originator or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in the Depositor's name and on the Depositor's behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION 4.04.

Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by the Loan Originator and ______ or the Depositor, respectively, with respect to the assets conveyed to the TrustIssuer or the Depositor, as the Loan Originator and the Depositor case may be, shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests interests, and priorities of such liens and security interests that have been granted by the Loan Originator and ______ or the Depositor, respectivelyas the case may be, and ______ Savings Bank, Federal Savings Bank or ______ Investments Holdings, Inc, as the Loan Originator and the Depositor case may be shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust Issuer has terminated been dissolved pursuant to Section 9.1 of the Trust Agreement. The Indenture Trustee agrees to reasonably cooperate with the Loan Originator ______ and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the . The Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator ______ and the Depositor on the third Payment Distribution Date prior to each such fifth anniversary of the requirement that they to file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator ______ and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION 2.03 hereofSection 2.2 or Section ____ of the Loan Purchase Agreement or Section ____ of the Loan Sale Agreement. If the Loan Originator ______ or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator ______ or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator thereof and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-factis notified of such failure or has actual knowledge thereof, with full power and authority, to execute and file in the Depositor's name and on Indenture Trustee shall perform the Depositor's behalf and at the Depositor's expense any such financing statements or continuation statements services required under this SECTION 4.04Section 4.12.

Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by the Loan Originator Transferor and the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee or to the Owner Trust, the Loan Originator Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Loan Originator Transferor and the Depositor, respectively, and the Loan Originator Transferor and the Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee agrees and Owner Trustee agree to reasonably cooperate with the Loan Originator Transferor and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator and the Depositor on the third Payment Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION Section 2.03 hereofhereof and Section 2.04 of the Home Loan Purchase Agreement. If the Loan Originator Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator Transferor and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION 4.04Section 4.04 relating to assets conveyed to the Owner Trust.

Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by Life, the Loan Originator Transferor and the Depositor, respectively, with respect to the assets conveyed to the Owner Trust, Life, the Loan Originator Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by Life, the Loan Originator Transferor and the Depositor, respectively, and Life, the Loan Originator Transferor and the Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Owner Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee agrees to reasonably cooperate with Life, the Loan Originator Transferor and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the . The Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify Life, the Loan Originator Transferor and the Depositor on the third Payment Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to Life, the Loan Originator Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION Section 2.03 hereof. If Life, the Loan Originator Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or Life, the Loan Originator Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof and the Indenture Trustee is notified of such failure or has actual knowledge thereof, each of Life, the Loan Originator Transferor and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION 4.04Section 4.04 relating to assets conveyed to the Owner Trust and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust.

Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by the Loan Originator Transferors and the Depositor, respectively, with respect to the assets conveyed to the Grantor Trustee or to the Owner Trust, Empire Subservicer, or, if Empire Subservicer is no longer the Loan Originator and Subservicer hereunder, the Depositor Servicer shall prepare, have executed by the necessary parties and file in the proper jurisdictions at its expense, all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Loan Originator applicable Transferor and the Depositor, respectively. Empire Subservicer, and or, if Empire Subservicer is no longer the Loan Originator and Subservicer hereunder, the Depositor Servicer shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Owner Trust has and Grantor Trust have terminated pursuant to Section SECTION 9.1 of the Owner Trust Agreement and SECTION 7.01 of the Grantor Trust Agreement, respectively. The Indenture Trustee agrees and Grantor Trustee agree to reasonably cooperate with Empire Subservicer, or, if Empire Subservicer is no longer the Loan Originator and Subservicer hereunder, the Depositor Servicer in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the . The Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees and Grantor Trustee agree to notify Empire Subservicer, or, if Empire Subservicer is no longer the Loan Originator and Subservicer hereunder, the Depositor Servicer on the third Payment Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION 2.03 hereofhereof and SECTION 2.04 of the Grantor Trust Agreement. If the Loan Originator any Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator Empire Subservicer or the Depositor fails Servicer, as applicable, fail to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator Transferors and the Depositor does hereby make, constitute and appoint the Grantor Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this SECTION 4.04 relating to assets conveyed to the Grantor Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION 4.044.04 relating to assets conveyed to the Owner Trust.

Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by the Loan Originator Empire Funding and the Depositor, respectively, with respect to the assets conveyed to the Trust, the Loan Originator Empire Funding and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests interests, and priorities of such liens and security interests that have been granted by the Loan Originator Empire Funding and the Depositor, respectively, and the Loan Originator Empire Funding and the Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Trust Agreement------- 12.01 hereof. The Indenture Trustee agrees to reasonably cooperate with the Loan Originator Empire Funding and the ----- Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer Trustee agrees to notify the Loan Originator Empire Funding and the Depositor on the third Payment Distribution Date prior to each such fifth anniversary of the requirement that they to file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator Empire Funding and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION 2.03 Section 2.04 hereof. If the Loan Originator Empire Funding or the Depositor has ceased ------------ to do business whenever any such financing and continuation statements must be filed or the Loan Originator Empire Funding or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator Empire Funding and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, authority to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION Section 4.04.. ------------

Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by the Loan Originator Transferor and the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee or to the Owner Trust, the Loan Originator Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Loan Originator Transferor and the Depositor, respectively, and the Loan Originator Transferor and the Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee agrees and Owner Trustee agree to reasonably cooperate with the Loan Originator Transferor and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator and the Depositor on the third Payment Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION Section 2.03 hereofhereof and Section 2.04 of the Mortgage Loan Purchase Agreement. If the Loan Originator Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator Transferor and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION 4.04Section 4.04 relating to assets conveyed to the Owner Trust.

Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by the Loan Originator DiTech and the Depositor, respectively, with respect to the assets conveyed to the Trust, the Loan Originator DiTech and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Loan Originator DiTech and the Depositor, respectively, and the Loan Originator DiTech and the Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Trust Agreement. The Indenture Trustee agrees to reasonably cooperate with the Loan Originator DiTech and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the . The Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator DiTech and the Depositor on the third Payment Distribution Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator DiTech and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION Section 2.03 hereof. If the Loan Originator DiTech or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator DiTech or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator DiTech and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION Section 4.04. The granting of such power of attorney to the Indenture Trustee by the Transferor and the Depositor does not create an obligation on the part of the Indenture Trustee to execute or file any such financing or continuation statements and the Indenture Trustee shall have no liability in connection therewith.

Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by the Loan Originator Empire Funding and the Depositor, respectively, with respect to the assets conveyed to the Trust, the Loan Originator Empire Funding and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests interests, and priorities of such liens and security interests that have been granted by the Loan Originator Empire Funding and the Depositor, respectively, and the Loan Originator Empire Funding and the Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Trust Agreement. The Indenture Trustee agrees to reasonably cooperate with the Loan Originator Empire Funding and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the . The Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator Empire Funding and the Depositor on the third Payment Distribution Date prior to each such fifth anniversary of the requirement that they to file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator Empire Funding and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION 2.03 Section 2.04 hereof. If the Loan Originator Empire Funding ------------ or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator Empire Funding or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator Empire Funding and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, authority to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION Section 4.04.. ------------

Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by the Loan Originator Transferor and the Depositor, respectively, with respect to the assets conveyed to the TrustOwner Trustee or to the Issuer, the Loan Originator and the Depositor Transferor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Loan Originator Transferor and the Depositor, respectively, and the Loan Originator and the Depositor Transferor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee, the Depositor and Owner Trustee agrees agree to reasonably cooperate with the Loan Originator Transferor and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator and the Depositor on the third Payment Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION Section 2.03 hereofhereof and Section 2.3 of the Home Loan Purchase Agreement. If the Loan Originator Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator or the Depositor Transferor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator Transferor and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION 4.04Section 4.04 relating to assets conveyed to the Issuer.

Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by the Loan Originator Empire Funding and the Depositor, respectively, with respect to the assets conveyed to the Trust, the Loan Originator Empire Funding and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Loan Originator Empire Funding and the Depositor, respectively, and the Loan Originator Empire Funding and the Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section section 9.1 of the Trust Agreement. The Indenture Trustee agrees to reasonably cooperate with the Loan Originator Empire Funding and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the . The Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator Empire Funding and the Depositor on the third Payment Distribution Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to the Loan Originator Empire Funding and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in SECTION 2.03 Section 2.04 hereof. If the Loan Originator Empire Funding or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Loan Originator Empire Funding or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Loan Originator Empire Funding and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in the Depositor's its name and on the Depositor's its behalf and at the Depositor's expense any such financing statements or continuation statements required under this SECTION Section 4.04.. ------------