Common use of Future Defects Clause in Contracts

Future Defects. During the term of this Custodial Agreement, if the Custodian discovers any defect with respect to any Custodial File, the Custodian shall give written specification of such defect to the Trustee and the Seller. In accordance with the terms of the Pooling and Servicing Agreement, the Seller shall be responsible for completing or correcting any missing, incomplete or inconsistent documents, and the Custodian shall not be responsible or liable for taking any such action, causing the Seller or any other person or entity to do so or notifying any person that any such action has or has not been taken.

Appears in 3 contracts

Samples: Custodial Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-3), Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-4), Custodial Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-1)

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Future Defects. During the term of this Custodial Agreement, if the Custodian discovers any defect with respect to any Custodial File, the Custodian shall give written specification of such defect to the Trustee Seller and the Seller. In accordance with the terms of the Pooling and Servicing AgreementOwner; provided, the Seller shall be responsible however, that except for completing or correcting any missingits obligations specifically set forth herein, incomplete or inconsistent documents, and the Custodian shall not be responsible or liable for taking obligated to review any Custodial File to determine whether any such action, causing the Seller or any other person or entity to do so or notifying any person that any such action has or has not been takendefect exists.

Appears in 1 contract

Samples: Custodial Agreement (New York Mortgage Trust Inc)

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Future Defects. During the term of this Custodial Agreement, if the Custodian discovers any defect with respect to any the Custodial File, the Custodian shall give written specification of such defect to the Trustee Master Servicer, the Depositor, the Servicer and the SellerIndenture Trustee. In accordance with the terms of the Pooling and Servicing Agreement, the Seller The Custodian shall not be responsible or liable for completing or correcting any missing, incomplete or inconsistent documents, and the Custodian shall not be responsible or liable for taking any such action, causing the Seller or any other person or entity to do so or notifying any person that any such action has or has not been taken.

Appears in 1 contract

Samples: Custodial Agreement (PHH Mortgage Trust, Series 2008-Cim2)

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