Gentlemen. In accordance with Section 6.15 of the Indenture, the undersigned, as Indenture Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a) of the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination of any documents contained in any Mortgage File. The Indenture Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Mortgage File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Mortgage File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Indenture Trustee By:___________________________ Its:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").
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Samples: Indenture Agreement (Fund America Investors Corp Ii)
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth identified on the Mortgage Loan Schedule (the "Mortgage Loan Schedule") attached hereto dated as of March __, 1997. Custodian confirms that the Mortgage Loan number in each Mortgage File conforms to the Indenture accurately reflects respective Mortgage Loan number listed on the Mortgage Loan Schedule and that the "Aggregate Outstanding Principal Amount" set forth above corresponds to like information contained on the Mortgage Loan Schedule. Any exceptions or deficiencies in a Mortgage File which are required by the Custodial Agreement to be reported are set forth in the Mortgage FileMaster Exception Report dated March __, 1997 and made a part hereof. The undersigned Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that the Indenture Trustee's review of as to each Mortgage File included each Loan, Custodian holds the Mortgage Loan in its name as custodian for the benefit of [the procedures listed in Section 6.15(aDepositor] [the Trustee], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Mortgage Loan was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Mortgage Loan or other document in the Mortgage File of any security interest therein, or (d) of any defense against or claim to the Mortgage FileLoan by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any each Mortgage File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Mortgage Loan. Custodian confirms that it holds each Mortgage Loan and the other documents in the related Mortgage File for the benefit of [the Depositor][the Trustee] and its transferees from time to time. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Loans now and hereafter, from time to time, in its custody or (iii) whether any control as agent and bailee for the [Depositor][the Trustee], if the transfer of Mortgage File should include any flood insurance policyLoans is deemed not to be an absolute transfer of such Mortgage Loans, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][Depositor] to [the Depositor][the Trustee] under the [Transfer Agreement] [Pooling and Servicing Agreement]. Upon repurchase or substitution agreementof the Mortgage Loans to which this Trust Receipt and Certification relates and payment of the applicable repurchase price, the Mortgage Loans to which this Trust Receipt and Certification relates shall be returned and released by Custodian to [Depositor][the Trustee], and this Trust Receipt and Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION------------------------ ----------------, as Indenture Trustee Custodian By:___________________________ Its:Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of March 1, 1997, by and among the Originators listed on Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), First Bank National Association, as Trustee (the "Trustee") and The First National Bank of Boston, as Custodian (the "Custodian") In connection with the administration of the Mortgage Loans held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [_________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National ], requests the release, and acknowledges receipt, of the following for the Mortgage Corporation Harlequin PlazaLoan described below, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (for the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").reason indicated:
Appears in 1 contract
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth identified on the Mortgage Loan Schedule (the "Mortgage Loan Schedule") attached hereto dated as of _______, 199_. Custodian confirms that the Mortgage Loan number in each Mortgage File conforms to the Indenture accurately reflects respective Mortgage Loan number listed on the Mortgage Loan Schedule and that the "Aggregate Outstanding Principal Amount" set forth above corresponds to like information contained on the Mortgage Loan Schedule. Any exceptions or deficiencies in a Mortgage File which are required by the Custodial Agreement to be reported are set forth in the Mortgage FileMaster Exception Report dated _________ , 199_ and made a part hereof. The undersigned Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that the Indenture Trustee's review of as to each Mortgage File included each Loan, Custodian holds the Mortgage Loan in its name as custodian for the benefit of [the procedures listed in Section 6.15(aDepositor] [the Trustee], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Mortgage Loan was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Mortgage Loan or other document in the Mortgage File of any security interest therein, or (d) of any defense against or claim to the Mortgage FileLoan by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any each Mortgage File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Mortgage Loan. Custodian confirms that it holds each Mortgage Loan and the other documents in the related Mortgage File for the benefit of [the Depositor][the Trustee] and its transferees from time to time. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Loans now and hereafter, from time to time, in its custody or (iii) whether any control as agent and bailee for the [Depositor][the Trustee], if the transfer of Mortgage File should include any flood insurance policyLoans is deemed not to be an absolute transfer of such Mortgage Loans, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][Depositor] to [the Depositor][the Trustee] under the [Transfer Agreement] [Pooling and Servicing Agreement]. Upon repurchase or substitution agreementof the Mortgage Loans to which this Trust Receipt and Certification relates and payment of the applicable repurchase price, the Mortgage Loans to which this Trust Receipt and Certification relates shall be returned and released by Custodian to [Depositor][the Trustee], and this Trust Receipt and Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION------------------------ ----------------, as Indenture Trustee Custodian By:___________________________ Its:Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of June 1, 1997, by and among the Originators listed on Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), First Bank National Association, as Trustee (the "Trustee") and BankBoston, N.A., as Custodian (the "Custodian") In connection with the administration of the Mortgage Loans held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [_________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National ], requests the release, and acknowledges receipt, of the following for the Mortgage Corporation Harlequin PlazaLoan described below, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (for the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").reason indicated:
Appears in 1 contract
Gentlemen. In accordance with Section 6.15 2.03 of the above-captioned Indenture, and Section 2.1(b) of the Mortgage Loan Purchase Agreement, dated as of __________________, between NovaStar Financial, Inc., and NovaStar Mortgage Funding Corporation (the "Mortgage Loan Purchase Agreement"; and together with the Indenture, the "Agreements"), the undersigned, as Indenture Trustee, hereby certifies that, that as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and the Mortgage Loan Schedule and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(aitems (i) - (vii) and (xiv) of the Indenturedefinition or description of "Mortgage Loan Schedule" is correct. Except as described herein, the The Indenture Trustee has not made an no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the above-referenced Agreements. The Indenture Trustee makes no representation that any documents specified in clause (vi) of Section 2.1(b) of the Mortgage Loan Purchase Agreement should be included in any Mortgage File. The Indenture Trustee makes no representations as toto and shall not be responsible to verify: (i) the validity, legality, sufficiency, enforceability enforceability, due authorization, recordability or genuineness of any of the documents contained in any each Mortgage File for of any of the Mortgage Loans listed identified on the Mortgage Loan Schedule to the IndentureSchedule, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any such Mortgage Loan Loan, or (iii) whether the existence of any Mortgage File should include any flood insurance policyassumption, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreementmodification, written assurance or substitution agreementagreement with respect to any Mortgage File if no such documents appear in the Mortgage File delivered to the Indenture Trustee. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA______________________________, NATIONAL ASSOCIATION, not in its individual capacity but solely as Indenture Trustee By:: ___________________________________ Its:Name: Title: EXHIBIT C FORM OF TRUSTEE FINAL CERTIFICATION [date] [Seller] [Servicer] [Bond Insurer] [Company] __________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe__________________________ Re: Indenture, dated as of September 1_______________, 1997 19__ (the "Indenture"), between Fund America Investors NovaStar Mortgage Funding Trust 1997-NMC1 Series ______ (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee ____________________ (the "Indenture Trustee")) -- NovaStar Mortgage Funding Trust, Series ______ Collateralized Mortgage Obligation Bonds.
Appears in 1 contract
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth identified on the Mortgage Loan Schedule (the "Mortgage Loan Schedule") attached hereto dated as of _______, 199_. Custodian confirms that the Mortgage Loan number in each Mortgage File conforms to the Indenture accurately reflects respective Mortgage Loan number listed on the Mortgage Loan Schedule and that the "Aggregate Outstanding Principal Amount" set forth above corresponds to like information contained on the Mortgage Loan Schedule. Any exceptions or deficiencies in a Mortgage File which are required by the Custodial Agreement to be reported are set forth in the Mortgage FileMaster Exception Report dated _________ , 199_ and made a part hereof. The undersigned Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that the Indenture Trustee's review of as to each Mortgage File included each Loan, Custodian holds the Mortgage Loan in its name as custodian for the benefit of [the procedures listed in Section 6.15(aDepositor] [the Trustee], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Mortgage Loan was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Mortgage Loan or other document in the Mortgage File of any security interest therein, or (d) of any defense against or claim to the Mortgage FileLoan by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any each Mortgage File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Mortgage Loan. Custodian confirms that it holds each Mortgage Loan and the other documents in the related Mortgage File for the benefit of [the Depositor][the Trustee] and its transferees from time to time. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Loans now and hereafter, from time to time, in its custody or (iii) whether any control as agent and bailee for the [Depositor][the Trustee], if the transfer of Mortgage File should include any flood insurance policyLoans is deemed not to be an absolute transfer of such Mortgage Loans, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][Depositor] to [the Depositor][the Trustee] under the [Transfer Agreement] [Pooling and Servicing Agreement]. Upon repurchase or substitution agreementof the Mortgage Loans to which this Trust Receipt and Certification relates and payment of the applicable repurchase price, the Mortgage Loans to which this Trust Receipt and Certification relates shall be returned and released by Custodian to [Depositor][the Trustee], and this Trust Receipt and Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION------------------------ ----------------, as Indenture Trustee Custodian By:___________________________ Its:Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of September 1, 1996, by and among the Originators listed on Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), First Bank National Association, as Trustee (the "Trustee") and The First National Bank of Boston, as Custodian (the "Custodian") In connection with the administration of the Mortgage Loans held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [_________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National ], requests the release, and acknowledges receipt, of the following for the Mortgage Corporation Harlequin PlazaLoan described below, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (for the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").reason indicated:
Appears in 1 contract
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies thatthat it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Receivable identified on the Receivable Schedule (the "Receivable Schedule") attached hereto dated as of July 1, 2001. The undersigned, as Custodian, confirms that the Receivable number in each Receivables File conforms to the respective Receivable number listed on the Receivable Schedule. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that as to each Mortgage Loan listed in Receivable, Custodian holds the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are Receivable in its possession; (ii) such documents have been reviewed by it name as custodian solely on behalf of and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, for the information set forth on benefit of [the Mortgage Loan Schedule to Seller] [the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that Trust] [the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Receivable was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Receivable or other document in the Receivables File of any Mortgage Filesecurity interest therein, or (d) of any defense against or claim to the Receivable by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any Mortgage each Receivables File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Mortgage File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreementReceivable. Capitalized words Custodian confirms that it holds each Receivable and phrases used herein shall have the respective meanings assigned to them other documents in the aboverelated Receivables File for the benefit of [the Seller][the Trust][the Indenture Trustee]. Upon repurchase of the Receivables to which this Custodian Certification relates and payment of the applicable repurchase price, the Receivables to which this Custodian Certifi- cation relates shall be returned and released by Custodian to the Person paying such repurchase price, and this Custodian Certification shall be and be deemed to be canceled by Custodian and of no force and effect. --------------------------------, as Custodian By ------------------------------- Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of July 1, 2001, by and among Caterpillar Financial Services Corporation (the "Originator"), Caterpillar Financial Services Corporation, as Servicer (the "Servicer"), Caterpillar Financial Funding Corporation (the "Seller"), Caterpillar Financial Asset Trust 2001-captioned Indenture. NORWEST BANK MINNESOTAA (the "Trust"), NATIONAL ASSOCIATIONBank One, National Association, as Indenture Trustee By:(the "Indenture Trustee") and Bank One, National Association, as Custodian ("Custodian") In connection with the administration of the Receivables held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [__________________ Its], requests the release, and acknowledges receipt, of the following for the Receivable described below, for the reason indicated:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").
Appears in 1 contract
Samples: Custodial Agreement (Caterpillar Financial Funding Corp)
Gentlemen. In accordance with Section 6.15 the provisions of SECTION 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies thatthat it has received all of the items listed in SECTION 3.1 of the Custodial Agreement with respect to each Receivable identified on the Receivable Schedule (the "Receivable Schedule") attached hereto dated as of November 1, 1997. The undersigned, as Custodian, confirms that the Receivable number in each Receivables File conforms to the respective Receivable number listed on the Receivable Schedule. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that as to each Mortgage Loan listed in Receivable, Custodian holds the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are Receivable in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only name as to such documents, custodian for the information set forth on benefit of [the Mortgage Loan Schedule to Seller] [the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that Trust] [the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Receivable was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Receivable or other document in the Receivables File of any Mortgage Filesecurity interest therein, or (d) of any defense against or claim to the Receivable by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any Mortgage each Receivables File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Mortgage File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreementReceivable. Capitalized words Custodian confirms that it holds each Receivable and phrases used herein shall have the respective meanings assigned to them other documents in the aboverelated Receivables File for the benefit of [the Seller][the Trust][the Indenture Trustee]. Upon repurchase of the Receivables to which this Custodian Certification relates and payment of the applicable repurchase price, the Receivables to which this Custodian Certification relates shall be returned and released by Custodian to the Person paying such repurchase price, and this Custodian Certification shall be and be deemed to be canceled by Custodian and of no force and effect. ------------------------ , ---------------- as Custodian By ----------------------- Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of November 1, 1997, by and among Caterpillar Financial Services Corporation (the "Originator"), Caterpillar Financial Services Corporation, as Servicer (the "Servicer"), Caterpillar Financial Funding Corporation (the "Seller"), Caterpillar Financial Asset Trust 1997-captioned Indenture. NORWEST BANK MINNESOTAB (the "Trust"), NATIONAL ASSOCIATIONThe First National Bank of Chicago, as Indenture Trustee By:(the "Indenture Trustee") and The First National Bank of Chicago, as Custodian ("Custodian") In connection with the administration of the Receivables held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [__________________ Its], requests the release, and acknowledges receipt, of the following for the Receivable described below, for the reason indicated:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").
Appears in 1 contract
Samples: Custodial Agreement (Caterpillar Financial Funding Corp)
Gentlemen. In accordance with Section 6.15 2.03 of the IndentureCompany's Standard Terms to Pooling and Servicing Agreement (January 2001 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Indenture Trustee, hereby certifies that, except as to noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it it, or a Custodian on its behalf, has reviewed received a complete Trustee Mortgage Loan File which includes each of the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Trustee Mortgage Loan DocumentsFile" in the Mortgage Loan Sale Agreement referred to in Standard Terms. Neither the Indenture) are in Trustee nor any Custodian on its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a) of the Indenture. Except as described herein, the Indenture Trustee behalf has not made an independent examination of any documents contained in any Trustee Mortgage FileLoan File beyond the review specifically required in the above captioned Pooling and Servicing Agreement. The Indenture Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File for or any of the Mortgage Loans listed on the Mortgage Loan Schedule to the IndentureSchedule, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned IndenturePooling and Servicing Agreement (the "Pooling and Servicing Agreement"). NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Indenture Trustee [TRUSTEE] By:: ______________________________________ Its:: __________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").____________
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
Gentlemen. In accordance with Section 6.15 2.03 of the above-captioned Indenture, and Section 2.1(b) of the Mortgage Loan Purchase Agreement, dated as of _______________, between NovaStar Financial, Inc., and NovaStar Mortgage Funding Corporation (the "Mortgage Loan Purchase Agreement"; and together with the Indenture, the "Agreements"), the undersigned, as Indenture Trustee, hereby certifies that, that as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed received the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition Section 2.1(b) of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Indenture accurately reflects the information set forth in the Mortgage FilePurchase Agreement. The undersigned further certifies that the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a) of the Indenture. Except as described herein, the Indenture Trustee has not made an no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the Agreements. The Indenture Trustee makes no representation that any documents specified in clause (vi) of Section 2.1(b) should be included in any Mortgage File. The Indenture Trustee makes no representations as toto and shall not be responsible to verify: (i) the validity, legality, sufficiency, enforceability enforceability, due authorization, recordability or genuineness of any of the documents contained in any each Mortgage File for of any of the Mortgage Loans listed identified on the Mortgage Loan Schedule to the IndentureSchedule, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether the existence of any Mortgage File should include any flood insurance policyassumption, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreementmodification, written assurance or substitution agreementagreement with respect to any Mortgage File if no such documents appear in the Mortgage File delivered to the Indenture Trustee. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA__________________________________, NATIONAL ASSOCIATION, not in its individual capacity but solely as Indenture Trustee By:: _________________________________________ Its:__________________________ Name: Title: EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION D MORTGAGE LOAN SCHEDULE [DateSee Tab 4] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").APPENDIX A DEFINITIONS
Appears in 1 contract
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies thatthat it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Receivable identified on the Receivable Schedule (the "Receivable Schedule") attached hereto dated as of July 1, 1999. The undersigned, as Custodian, confirms that the Receivable number in each Receivables File conforms to the respective Receivable number listed on the Receivable Schedule. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that as to each Mortgage Loan listed in Receivable, Custodian holds the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are Receivable in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only name as to such documents, custodian for the information set forth on benefit of [the Mortgage Loan Schedule to Seller] [the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that Trust] [the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Receivable was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Receivable or other document in the Receivables File of any Mortgage Filesecurity interest therein, or (d) of any defense against or claim to the Receivable by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any Mortgage each Receivables File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Mortgage File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreementReceivable. Capitalized words Custodian confirms that it holds each Receivable and phrases used herein shall have the respective meanings assigned to them other documents in the above-captioned Indenturerelated Receivables File for the benefit of [the Seller][the Trust][the Indenture Trustee]. NORWEST BANK MINNESOTAUpon repurchase of the Receivables to which this Custodian Certification relates and payment of the applicable repurchase price, NATIONAL ASSOCIATIONthe Receivables to which this Custodian Certifi- cation relates shall be returned and released by Custodian to the Person paying such repurchase price, as Indenture Trustee By:and this Custodian Certification shall be and be deemed to be canceled by Custodian and of no force and effect. _________________________________________ Its:as Custodian By_______________________________________ Name: Title: EXHIBIT E-2 FORM B REQUEST FOR RELEASE OF INDENTURE TRUSTEE'S FINAL CERTIFICATION DOCUMENTS [DateDATE] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 XeTo: Indenture[Custodian] Re: Custodial Agreement, dated as of September July 1, 1997 1999, by and among Caterpillar Financial Services Corporation (the "IndentureOriginator"), between Fund America Investors Trust 1997-NMC1 Caterpillar Financial Services Corporation, as Servicer (the "IssuerServicer") and Norwest ), Caterpillar Financial Funding Corporation (the "Seller"), Caterpillar Financial Asset Trust 1999-A (the "Trust"), The First National Bank Minnesota, National Associationof Chicago, as Indenture Trustee (the "Indenture Trustee").) and The First National Bank of Chicago, as Custodian ("Custodian") In connection with the administration of the Receivables held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [________], requests the release, and acknowledges receipt, of the following for the Receivable described below, for the reason indicated:
Appears in 1 contract
Samples: Custodial Agreement (Caterpillar Financial Funding Corp)
Gentlemen. In accordance with Section 6.15 2.01 of the Indentureabove-captioned Pooling Agreement (the "Pooling Agreement"), the undersigned, as Indenture Trustee, hereby certifies that, as to for each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid listed in full or listed on the attachment hereto) attached schedule), it has reviewed received the original Mortgage File and has determined thatNote, except as noted on the Schedule of Exceptions attached hereto: endorsed either (iA) all documents required to be included in blank or (B) in the following form: "Pay to the order of Deutsche Bank National Trust Company, as Trustee under the Pooling Agreement, dated as of June 1, 2004, among Xxxxxx Xxxxxxx Mortgage File (Capital Inc., Xxxxxx Xxxxxxx ABS Capital I Inc. and Deutsche Bank National Trust Company, Xxxxxx Xxxxxxx ABS Capital I Inc. Trust, Series 2004-SD2, without recourse," or with respect to any lost Mortgage Note, an original Lost Note Affidavit, together with a copy of the related Mortgage Note. Based on its review and examination and only as set forth in to the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) foregoing documents, such documents have been reviewed by it and appear regular on their face and relate related to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a) of the Indenture. Except as described herein, the Indenture Trustee Custodian has not made an no independent examination of any documents contained in any each Mortgage FileFile beyond the review specifically required in the Pooling Agreement. The Indenture Trustee Custodian makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any each Mortgage File for of any of the Mortgage Loans listed identified on the Mortgage Loan Schedule to the IndentureSchedule, or (ii) the collectibility, insurability, perfection, priority, effectiveness or suitability of any such Mortgage Loan Loan. Notwithstanding anything herein to the contrary, the Custodian has made no determination and makes no representations as to whether (i) any endorsement is sufficient to transfer all right, title and interest of the party so endorsing, as Noteholder or assignee thereof, in and to that Mortgage Note or (iiiii) whether any assignment is in recordable form or sufficient to effect the assignment of and transfer to the assignee thereof, under the Mortgage File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreementto which the assignment relates. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned IndenturePooling Agreement. NORWEST DEUTSCHE BANK MINNESOTA, NATIONAL ASSOCIATIONTRUST COMPANY, as Indenture Trustee Custodian By:: ---------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G MORTGAGE LOAN PURCHASE AGREEMENT [See Tab 2] EXHIBIT H [Reserved] EXHIBIT I [Reserved] EXHIBIT J FORM OF INVESTMENT LETTER _________________________, 20__ Its:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] Xxxxxx Xxxxxxx ABS Capital I Inc. 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxxx Xxxxx Deutsche Bank National Trust Company, as Trustee, 0000 Xxxx Xx. Xxxxxx Xxxxx Santa Ana, California 92705 Attention: Trust Administration - MS04S2 Re: Xxxxxx Xxxxxxx ABS Capital I Inc. Trust 2004-SD2, Mortgage Corporation Harlequin PlazaPass-Through Certificates, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx XxxxxxxxxSeries 2004-SD2 Ladies and Gentlemen: In connection with our acquisition of the above Certificates we certify that (a) we understand that the Certificates are not being registered under the Securities Act of 1933, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 amended (the "IndentureAct"), between Fund America Investors Trust 1997or any state securities laws and are being transferred to us in a transaction that is exempt from the registration requirements of the Act and any such laws, (b) we have such knowledge and experience in financial and business matters that we are capable of evaluating the merits and risks of investments in the Certificates, (c) we have had the opportunity to ask questions of and receive answers from the Depositor concerning the purchase of the Certificates and all matters relating thereto or any additional information deemed necessary to our decision to purchase the Certificates, (d) either (i) we are not an employee benefit plan that is subject to Section 406 of the Employee Retirement Income Security Act of 1974, as amended, or a plan or arrangement that is subject to Section 4975 of the Internal Revenue Code of 1986, as amended, and are not acting on behalf of any such plan or arrangement or investing the assets of any such plan or arrangement to effect such acquisition or (ii) (except in the case of a Class R, Class X or Class P Certificate) we are an insurance company that is purchasing this certificate with funds contained in an "insurance company general account" (as such term is defined in Section V(e) of Prohibited Transaction Class Exemption 95-NMC1 60 ("PTCE 95-60") and the conditions for exemptive relief under Sections I and III of PTCE 95-60 have been satisfied, (e) we have not, nor has anyone acting on our behalf offered, transferred, pledged, sold or otherwise disposed of the Certificates, any interest in the Certificates or any other similar security to, or solicited any offer to buy or accept a transfer, pledge or other disposition of the Certificates, any interest in the Certificates or any other similar security from, or otherwise approached or negotiated with respect to the Certificates, any interest in the Certificates or any other similar security with, any person in any manner, or made any general solicitation by means of general advertising or in any other manner, or taken any other action, that would constitute a distribution of the Certificates under the Securities Act or that would render the disposition of the Certificates a violation of Section 5 of the Securities Act or require registration pursuant thereto, nor will act, nor has authorized or will authorize any person to act, in such manner with respect to the Certificates, (f) to the extent that the Certificate transferred is a Class X Certificate, we are a bankruptcy-remote entity and (g) we are a "qualified institutional buyer" as that term is defined in Rule 144A under the Securities Act and have completed either of the forms of certification to that effect attached hereto as Annex 1 or Annex 2. We are aware that the sale to us is being made in reliance on Rule 144A. We are acquiring the Certificates for our own account or for resale pursuant to Rule 144A and further, understand that such Certificates may be resold, pledged or transferred only (i) to a person reasonably believed to be a qualified institutional buyer that purchases for its own account or for the account of a qualified institutional buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (ii) pursuant to another exemption from registration under the Securities Act. ANNEX 1 TO EXHIBIT J QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A -------------------------------------------------------- [FOR TRANSFEREES OTHER THAN REGISTERED INVESTMENT COMPANIES] The undersigned (the "IssuerBuyer") and Norwest Bank Minnesota, National Association, hereby certifies as Trustee (follows to the "Indenture Trustee").parties listed in the Rule 144A Transferee Certificate to which this certification relates with respect to the Certificates described therein:
Appears in 1 contract
Samples: Pooling Agreement (Morgan Stanley ABS Capital I Inc. Trust, Series 2004-Sd2)
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth identified on the Mortgage Loan Schedule (the "Mortgage Loan Schedule") attached hereto dated as of December 30, 1996. Custodian confirms that the Mortgage Loan number in each Mortgage File conforms to the Indenture accurately reflects respective Mortgage Loan number listed on the Mortgage Loan Schedule and that the "Aggregate Outstanding Principal Amount" set forth above corresponds to like information contained on the Mortgage Loan Schedule. Any exceptions or deficiencies in a Mortgage File which are required by the Custodial Agreement to be reported are set forth in the Mortgage FileMaster Exception Report dated December [ ], 1996 and made a part hereof. The undersigned Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that the Indenture Trustee's review of as to each Mortgage File included each Loan, Custodian holds the Mortgage Loan in its name as custodian for the benefit of [the procedures listed in Section 6.15(aDepositor] [the Trustee], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Mortgage Loan was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Mortgage Loan or other document in the Mortgage File of any security interest therein, or (d) of any defense against or claim to the Mortgage FileLoan by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any each Mortgage File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Mortgage Loan. Custodian confirms that it holds each Mortgage Loan and the other documents in the related Mortgage File for the benefit of [the Depositor][the Trustee] and its transferees from time to time. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Loans now and hereafter, from time to time, in its custody or (iii) whether any control as agent and bailee for the [Depositor][the Trustee], if the transfer of Mortgage File should include any flood insurance policyLoans is deemed not to be an absolute transfer of such Mortgage Loans, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][Depositor] to [the Depositor][the Trustee] under the [Transfer Agreement] [Pooling and Servicing Agreement]. Upon repurchase or substitution agreementof the Mortgage Loans to which this Trust Receipt and Certification relates and payment of the applicable repurchase price, the Mortgage Loans to which this Trust Receipt and Certification relates shall be returned and released by Custodian to [Depositor][the Trustee], and this Trust Receipt and Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION------------------------ ----------------, as Indenture Trustee Custodian By:___________________________ Its:Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of December 1, 1996, by and among the Originators listed on Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), First Bank National Association, as Trustee (the "Trustee") and The First National Bank of Boston, as Custodian (the "Custodian") In connection with the administration of the Mortgage Loans held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [_________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National ], requests the release, and acknowledges receipt, of the following for the Mortgage Corporation Harlequin PlazaLoan described below, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (for the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").reason indicated:
Appears in 1 contract
Gentlemen. In accordance with Section 6.15 2.03 of the IndentureCompany's Standard Terms to Pooling and Servicing Agreement (January 2001 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Indenture Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it it, or a Custodian on its behalf, has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Trustee Mortgage Loan DocumentsFile" in the Mortgage Loan Sale Agreement referred to in the IndentureStandard Terms) are in its possessionpossession or in the possession of a Custodian on its behalf; (ii) such documents have been reviewed by it it, or a Custodian on its behalf, and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, or by a Custodian on its behalf, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Indenture Pooling and Servicing Agreement accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Indenture Trustee's review, or the review of its Custodian, of each Trustee Mortgage Loan File included each of the procedures listed in Section 6.15(a2.03(c)(1) of the IndentureStandard Terms. Except as described herein, neither the Indenture Trustee Trustee, nor any Custodian on its behalf, has not made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Indenture Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the IndenturePooling and Servicing Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned IndenturePooling and Servicing Agreement (the "Pooling and Servicing Agreement"). NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Indenture Trustee [TRUSTEE] By:: ______________________________________ Its:: _____________________________________ EXHIBIT E-2 2-B FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Bombardier Capital Mortgage Securitization Corporation Harlequin Plaza0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Suite 330 S 7600 Xxxxxxx 00000 Attention: [____________________] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe00000 Attention: Indenture[____________________] Re: Pooling and Servicing Agreement, dated as of September ____________ 1, 1997 (the "Indenture")20__, between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesotaamong Bombardier Capital Mortgage Securitization Corporation, National AssociationBombardier Capital Inc., as Trustee (the "Indenture Servicer, and ________________________, as Trustee"), Pass-Through Certificates, ____________________ BCMSC Trust 20___ - ____________.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
Gentlemen. In accordance with Section 6.15 7.15 of the Indenture, the undersigned, as Indenture Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule schedule to the Indenture accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Indenture Trustee's review of each Trustee Mortgage Loan File included each of the procedures listed in Section 6.15(a7.15(a) of the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Indenture Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule schedule to the Indenture, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, ,power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION----------------------------------, as Indenture Trustee By:: ____________________________ Its:: ____________________________ EXHIBIT E-2 A-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe[Name] [Address] [Address] Re: Indenture, dated as of September ________ 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 Union Planters Mortgage Finance Corp. (the "IssuerDepositor") and Norwest Bank Minnesota, National Association_____________, as Trustee (the "Indenture Trustee").
Appears in 1 contract
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth identified on the Mortgage Loan Schedule (the "Mortgage Loan Schedule") attached hereto dated as of _______, 199_. Custodian confirms that the Mortgage Loan number in each Mortgage File conforms to the Indenture accurately reflects respective Mortgage Loan number listed on the Mortgage Loan Schedule and that the "Aggregate Outstanding Principal Amount" set forth above corresponds to like information contained on the Mortgage Loan Schedule. Any exceptions or deficiencies in a Mortgage File which are required by the Custodial Agreement to be reported are set forth in the Mortgage FileMaster Exception Report dated _________ , 199_ and made a part hereof. The undersigned Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that the Indenture Trustee's review of as to each Mortgage File included each Loan, Custodian holds the Mortgage Loan in its name as custodian for the benefit of [the procedures listed in Section 6.15(aDepositor] [the Trustee], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Mortgage Loan was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Mortgage Loan or other document in the Mortgage File of any security interest therein, or (d) of any defense against or claim to the Mortgage FileLoan by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any each Mortgage File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Mortgage Loan. Custodian confirms that it holds each Mortgage Loan and the other documents in the related Mortgage File for the benefit of [the Depositor][the Trustee] and its transferees from time to time. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Loans now and hereafter, from time to time, in its custody or (iii) whether any control as agent and bailee for the [Depositor][the Trustee], if the transfer of Mortgage File should include any flood insurance policyLoans is deemed not to be an absolute transfer of such Mortgage Loans, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][Depositor] to [the Depositor][the Trustee] under the [Transfer Agreement] [Pooling and Servicing Agreement]. Upon repurchase or substitution agreementof the Mortgage Loans to which this Trust Receipt and Certification relates and payment of the applicable repurchase price, the Mortgage Loans to which this Trust Receipt and Certification relates shall be returned and released by Custodian to [Depositor][the Trustee], and this Trust Receipt and Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION------------------------ ----------------, as Indenture Trustee Custodian By:___________________________ Its:Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of September 1, 1997, by and among the Originators listed on Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), U.S. Bank National Association, as Trustee (the "Trustee") and BankBoston, N.A., as Custodian (the "Custodian") In connection with the administration of the Mortgage Loans held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [_________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National ], requests the release, and acknowledges receipt, of the following for the Mortgage Corporation Harlequin PlazaLoan described below, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (for the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").reason indicated:
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Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth identified on the Mortgage Loan Schedule (the "Mortgage Loan Schedule") attached hereto dated as of _______, 199_. Custodian confirms that the Mortgage Loan number in each Mortgage File conforms to the Indenture accurately reflects respective Mortgage Loan number listed on the Mortgage Loan Schedule and that the "Aggregate Outstanding Principal Amount" set forth above corresponds to like information contained on the Mortgage Loan Schedule. Any exceptions or deficiencies in a Mortgage File which are required by the Custodial Agreement to be reported are set forth in the Mortgage FileMaster Exception Report dated _________ , 199_ and made a part hereof. The undersigned Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that the Indenture Trustee's review of as to each Mortgage File included each Loan, Custodian holds the Mortgage Loan in its name as custodian for the benefit of [the procedures listed in Section 6.15(aDepositor] [the Trustee], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Mortgage Loan was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Mortgage Loan or other document in the Mortgage File of any security interest therein, or (d) of any defense against or claim to the Mortgage FileLoan by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any each Mortgage File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Mortgage Loan. Custodian confirms that it holds each Mortgage Loan and the other documents in the related Mortgage File for the benefit of [the Depositor][the Trustee] and its transferees from time to time. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Loans now and hereafter, from time to time, in its custody or (iii) whether any control as agent and bailee for the [Depositor][the Trustee], if the transfer of Mortgage File should include any flood insurance policyLoans is deemed not to be an absolute transfer of such Mortgage Loans, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][Depositor] to [the Depositor][the Trustee] under the [Transfer Agreement] [Pooling and Servicing Agreement]. Upon repurchase or substitution agreementof the Mortgage Loans to which this Trust Receipt and Certification relates and payment of the applicable repurchase price, the Mortgage Loans to which this Trust Receipt and Certification relates shall be returned and released by Custodian to [Depositor][the Trustee], and this Trust Receipt and Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION------------------------ ----------------, as Indenture Trustee Custodian By:___________________________ Its:Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To:[Custodian] Re: Custodial Agreement, dated as of September 1, 1997, by and among the Originators listed on Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), U.S. Bank National Association, as Trustee (the "Trustee") and BankBoston, N.A., as Custodian (the "Custodian") In connection with the administration of the Mortgage Loans held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [_________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National ], requests the release, and acknowledges receipt, of the following for the Mortgage Corporation Harlequin PlazaLoan described below, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (for the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").reason indicated:
Appears in 1 contract
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth identified on the Mortgage Loan Schedule (the "Mortgage Loan Schedule") attached hereto dated as of _______, 199_. Custodian confirms that the Mortgage Loan number in each Mortgage File conforms to the Indenture accurately reflects respective Mortgage Loan number listed on the Mortgage Loan Schedule and that the "Aggregate Outstanding Principal Amount" set forth above corresponds to like information contained on the Mortgage Loan Schedule. Any exceptions or deficiencies in a Mortgage File which are required by the Custodial Agreement to be reported are set forth in the Mortgage FileMaster Exception Report dated _________ , 199_ and made a part hereof. The undersigned Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that the Indenture Trustee's review of as to each Mortgage File included each Loan, Custodian holds the Mortgage Loan in its name as custodian for the benefit of [the procedures listed in Section 6.15(aDepositor] [the Trustee], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Mortgage Loan was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Mortgage Loan or other document in the Mortgage File of any security interest therein, or (d) of any defense against or claim to the Mortgage FileLoan by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any each Mortgage File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Mortgage Loan. Custodian confirms that it holds each Mortgage Loan and the other documents in the related Mortgage File for the benefit of [the Depositor][the Trustee] and its transferees from time to time. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Loans now and hereafter, from time to time, in its custody or (iii) whether any control as agent and bailee for the [Depositor][the Trustee], if the transfer of Mortgage File should include any flood insurance policyLoans is deemed not to be an absolute transfer of such Mortgage Loans, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][Depositor] to [the Depositor][the Trustee] under the [Transfer Agreement] [Pooling and Servicing Agreement]. Upon repurchase or substitution agreementof the Mortgage Loans to which this Trust Receipt and Certification relates and payment of the applicable repurchase price, the Mortgage Loans to which this Trust Receipt and Certification relates shall be returned and released by Custodian to [Depositor][the Trustee], and this Trust Receipt and Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words ------------------------ ----------------, as Custodian By: --------------------- Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of _____, 199_, by and phrases used herein shall have among the respective meanings assigned to them in Originators listed on Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), [Trustee], as Trustee (the "Trustee") and [Custodian], as Custodian (the "Custodian") In connection with the administration of the Mortgage Loans held by you as Custodian under the above-captioned Indenture. NORWEST BANK MINNESOTAreferenced Custodial Agreement, NATIONAL ASSOCIATION, as Indenture Trustee By:[_________], on behalf of [__________________ Its], requests the release, and acknowledges receipt, of the following for the Mortgage Loan described below, for the reason indicated:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").
Appears in 1 contract
Gentlemen. In accordance with Section 6.15 2.01 of the Indentureabove-captioned Pooling Agreement (the "Pooling Agreement"), the undersigned, as Indenture Trustee, hereby certifies that, as to for each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid listed in full or listed on the attachment hereto) attached schedule), it has reviewed received the original Mortgage File and has determined thatNote, except as noted on the Schedule of Exceptions attached hereto: endorsed either (iA) all documents required to be included in blank or (B) in the following form: "Pay to the order of Deutsche Bank National Trust Company, as Trustee under the Pooling Agreement, dated as of January 1, 2004, among Morgan Stanley Mortgage File (Capital Inc., Morgan Stanley ABS Capital I Inc. xxx Dxxxxxxx Bank National Trust Comxxxx, Mxxxxx Xtanley ABS Capital I Inc. Trust, Series 2004-SD1, without recoxxxx," xx xxxx respect to any lost Mortgage Note, an original Lost Note Affidavit, together with a copy of the related Mortgage Note. Based on its review and examination and only as set forth in to the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) foregoing documents, such documents have been reviewed by it and appear regular on their face and relate related to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a) of the Indenture. Except as described herein, the Indenture Trustee Custodian has not made an no independent examination of any documents contained in any each Mortgage FileFile beyond the review specifically required in the Pooling Agreement. The Indenture Trustee Custodian makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any each Mortgage File for of any of the Mortgage Loans listed identified on the Mortgage Loan Schedule to the IndentureSchedule, or (ii) the collectibility, insurability, perfection, priority, effectiveness or suitability of any such Mortgage Loan Loan. Notwithstanding anything herein to the contrary, the Custodian has made no determination and makes no representations as to whether (i) any endorsement is sufficient to transfer all right, title and interest of the party so endorsing, as Noteholder or assignee thereof, in and to that Mortgage Note or (iiiii) whether any assignment is in recordable form or sufficient to effect the assignment of and transfer to the assignee thereof, under the Mortgage File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreementto which the assignment relates. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned IndenturePooling Agreement. NORWEST DEUTSCHE BANK MINNESOTA, NATIONAL ASSOCIATIONTRUST COMPANY, as Indenture Trustee Custodian By:: ------------------------------------------ Name: ------------------------------------- Title: ------------------------------------ EXHIBIT G MORTGAGE LOAN PURCHASE AGREEMENT [See Tab 2] EXHIBIT H EXHIBIT I [Reserved] EXHIBIT J FORM OF INVESTMENT LETTER _________________________, 20__ Its:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin PlazaMorgan Stanley ABS Capital I Inc. 1585 Broadway New York, Suite 330 S 7600 New York 10000 Xxxexxxxx: Michelle Wilke Deuxxxxx Xxxx Xxxxxxx Xxxxxxxx Xxxxx Xxxxxxx, xs Trustee, 1700 Xxxx XxxxxxxxxXx. Xxdrew Place Santa Ana, Xxxxxxxx 00000California 92705 Attention: Truxx Xxxxxxxxxxxxxx - XX00X0 Re: Morgan Stanley ABS Capital I Inc. Trust 2004-0000 XeSD1, Xxxxxxxe Pass-Through Certificates, Series 2004-SD1 Ladies and Gentlemen: IndentureIn connection with our acquisition of the above Certificates we certify that (a) we understand that the Certificates are not being registered under the Securities Act of 1933, dated as of September 1, 1997 amended (the "IndentureAct"), between Fund America Investors Trust 1997or any state securities laws and are being transferred to us in a transaction that is exempt from the registration requirements of the Act and any such laws, (b) we have such knowledge and experience in financial and business matters that we are capable of evaluating the merits and risks of investments in the Certificates, (c) we have had the opportunity to ask questions of and receive answers from the Depositor concerning the purchase of the Certificates and all matters relating thereto or any additional information deemed necessary to our decision to purchase the Certificates, (d) either (i) we are not an employee benefit plan that is subject to Section 406 of the Employee Retirement Income Security Act of 1974, as amended, or a plan or arrangement that is subject to Section 4975 of the Internal Revenue Code of 1986, as amended, nor are we acting on behalf of any such plan or arrangement nor using the assets of any such plan or arrangement to effect such acquisition or (ii) (except in the case of a Class R, Class X or Class P Certificate) we are an insurance company that is purchasing this certificate with funds contained in an "insurance company general account" (as such term is defined in Section V(e) of Prohibited Transaction Class Exemption 95-NMC1 60 ("PTCE 95-60") and the purchase and holding of such Certificates are covered under Sections I and III of PTCE 95-60, (e) we have not, nor has anyone acting on our behalf offered, transferred, pledged, sold or otherwise disposed of the Certificates, any interest in the Certificates or any other similar security to, or solicited any offer to buy or accept a transfer, pledge or other disposition of the Certificates, any interest in the Certificates or any other similar security from, or otherwise approached or negotiated with respect to the Certificates, any interest in the Certificates or any other similar security with, any person in any manner, or made any general solicitation by means of general advertising or in any other manner, or taken any other action, that would constitute a distribution of the Certificates under the Securities Act or that would render the disposition of the Certificates a violation of Section 5 of the Securities Act or require registration pursuant thereto, nor will act, nor has authorized or will authorize any person to act, in such manner with respect to the Certificates, (f) to the extent that the Certificate transferred is a Class X Certificate, we are a bankruptcy-remote entity and (g) we are a "qualified institutional buyer" as that term is defined in Rule 144A under the Securities Act and have completed either of the forms of certification to that effect attached hereto as Annex 1 or Annex 2. We are aware that the sale to us is being made in reliance on Rule 144A. We are acquiring the Certificates for our own account or for resale pursuant to Rule 144A and further, understand that such Certificates may be resold, pledged or transferred only (i) to a person reasonably believed to be a qualified institutional buyer that purchases for its own account or for the account of a qualified institutional buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (ii) pursuant to another exemption from registration under the Securities Act. ANNEX 1 TO EXHIBIT J QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A -------------------------------------------------------- [For Transferees Other Than Registered Investment Companies] The undersigned (the "IssuerBuyer") and Norwest Bank Minnesota, National Association, hereby certifies as Trustee (follows to the "Indenture Trustee").parties listed in the Rule 144A Transferee Certificate to which this certification relates with respect to the Certificates described therein:
Appears in 1 contract
Samples: Pooling Agreement (Morgan Stanley Abs Capital I Inc Trust Series 2004-Sd1)
Gentlemen. In accordance with Section 6.15 the provisions of SECTION 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies thatthat it has received all of the items listed in SECTION 3.1 of the Custodial Agreement with respect to each Receivable identified on the Receivable Schedule (the "Receivable Schedule") attached hereto dated as of May 1, 1997. The undersigned, as Custodian, confirms that the Receivable number in each Receivables File conforms to the respective Receivable number listed on the Receivable Schedule. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that as to each Mortgage Loan listed in Receivable, Custodian holds the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are Receivable in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only name as to such documents, custodian for the information set forth on benefit of [the Mortgage Loan Schedule to Seller] [the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that Trust] [the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Receivable was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Receivable or other document in the Receivables File of any Mortgage Filesecurity interest therein, or (d) of any defense against or claim to the Receivable by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any Mortgage each Receivables File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Receivable. Custodian confirms that it holds each Receivable and the other documents in the related Receivables File for the benefit of [the Seller][the Trust][the Indenture Trustee]. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Receivables now and hereafter, from time to time, in its custody or (iii) whether any Mortgage File should include any flood insurance policycontrol as bailee for the [the Seller][the Trust][the Indenture Trustee], any riderif the transfer of Receivables is deemed not to be an absolute transfer of such Receivables, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][the Seller][the Trust] to [the Seller][the Trust][the Indenture Trustee] under the [Purchase Agreement] [Sale and Servicing Agreement][Indenture]. Upon repurchase or substitution agreementof the Receivables to which this Custodian Certification relates and payment of the applicable repurchase price, the Receivables to which this Custodian Certification relates shall be returned and released by Custodian to [the Seller][the Trust][the Indenture Trustee], and this Custodian Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Indenture Trustee By:___________________________ Its:________________, as Custodian By_______________________ Name: Title: EXHIBIT E-2 FORM B REQUEST FOR RELEASE OF INDENTURE TRUSTEE'S FINAL CERTIFICATION DOCUMENTS [DateDATE] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 XeTo: Indenture[Custodian] Re: Custodial Agreement, dated as of September May 1, 1997 1997, by and among Caterpillar Financial Services Corporation (the "IndentureOriginator"), between Fund America Investors Caterpillar Financial Services Corporation, as Servicer (the "Servicer"), Caterpillar Financial Funding Corporation (the "Seller"), Caterpillar Financial Asset Trust 1997-NMC1 A (the "IssuerTrust") and Norwest ), The First National Bank Minnesota, National Associationof Chicago, as Indenture Trustee (the "Indenture Trustee").) and The First National Bank of Chicago, as Custodian ("Custodian") In connection with the administration of the Receivables held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [________], requests the release, and acknowledges receipt, of the following for the Receivable described below, for the reason indicated:
Appears in 1 contract
Samples: Custodial Agreement (Caterpillar Financial Funding Corp)
Gentlemen. In accordance with Section 6.15 7.15 of the Indenture, the undersigned, as Indenture Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule schedule to the Indenture accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Indenture Trustee's review of each Trustee Mortgage Loan File included each of the procedures listed in Section 6.15(a7.15(a) of the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Indenture Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule schedule to the Indenture, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, ,power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION----------------------------------, as Indenture Trustee By:: ----------------------------- Its: ----------------------------- EXHIBIT A-2 FORM OF TRUSTEE'S FINAL CERTIFICATION [Date] [Name] [Address] [Address] Re: Indenture, dated as of ___________ (the "Indenture"), between Union Planters Home Equity Corp. (the "Depositor") and ___________________________ Its:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").
Appears in 1 contract
Gentlemen. In accordance with Section 6.15 the provisions of SECTION 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies thatthat it has received all of the items listed in SECTION 3.1 of the Custodial Agreement with respect to each Receivable identified on the Receivable Schedule (the "Receivable Schedule") attached hereto dated as of July 1, 1998. The undersigned, as Custodian, confirms that the Receivable number in each Receivables File conforms to the respective Receivable number listed on the Receivable Schedule. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that as to each Mortgage Loan listed in Receivable, Custodian holds the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are Receivable in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only name as to such documents, custodian for the information set forth on benefit of [the Mortgage Loan Schedule to Seller] [the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that Trust] [the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Receivable was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Receivable or other document in the Receivables File of any Mortgage Filesecurity interest therein, or (d) of any defense against or claim to the Receivable by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any Mortgage each Receivables File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Mortgage File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreementReceivable. Capitalized words Custodian confirms that it holds each Receivable and phrases used herein shall have the respective meanings assigned to them other documents in the aboverelated Receivables File for the benefit of [the Seller][the Trust][the Indenture Trustee]. Upon repurchase of the Receivables to which this Custodian Certification relates and payment of the applicable repurchase price, the Receivables to which this Custodian Certifi- cation relates shall be returned and released by Custodian to the Person paying such repurchase price, and this Custodian Certification shall be and be deemed to be canceled by Custodian and of no force and effect. ------------------------------------ as Custodian By ------------------------------------ Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of July 1, 1998, by and among Caterpillar Financial Services Corporation (the "Originator"), Caterpillar Financial Services Corporation, as Servicer (the "Servicer"), Caterpillar Financial Funding Corporation (the "Seller"), Caterpillar Financial Asset Trust 1998-captioned Indenture. NORWEST BANK MINNESOTAA (the "Trust"), NATIONAL ASSOCIATIONThe First National Bank of Chicago, as Indenture Trustee By:(the "Indenture Trustee") and The First National Bank of Chicago, as Custodian ("Custodian") In connection with the administration of the Receivables held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [__________________ Its], requests the release, and acknowledges receipt, of the following for the Receivable described below, for the reason indicated:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").
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Samples: Custodial Agreement (Caterpillar Financial Funding Corp)
Gentlemen. In accordance with Section 6.15 the provisions of SECTION 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in SECTION 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed Receivable identified on the attachment heretoReceivable Schedule (the "Receivable Schedule") it has reviewed the Mortgage File and has determined that, except attached hereto dated as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Indenture accurately reflects the information set forth in the Mortgage File. The undersigned further certifies that the Indenture Trustee's review of each Mortgage File included each of the procedures listed in Section 6.15(a) of the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination of any documents contained in any Mortgage File. The Indenture Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Mortgage File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Mortgage File should include any flood insurance policy, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Indenture Trustee By:[_____________], [______________ Its:__________________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National Mortgage Corporation Harlequin Plaza, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association]. The undersigned, as Trustee (Custodian, confirms that the "Receivable number in each Receivables File conforms to the respective Receivable number listed on the Receivable Schedule. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that as to each Receivable, Custodian holds the Receivable in its name as custodian for the benefit of [the Seller] [the Trust] [the Indenture Trustee").], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Receivable was overdue or has been dishonored, (c) of evidence on the face of any Receivable or other document in the Receivables File of any security interest therein, or (d) of any defense against or claim to the Receivable by any other party. Custodian makes no representations or warranties as to the validity, legality, sufficiency, enforceability, genuineness or prior recorded status of any of the documents contained in each Receivables File or the collectability, insurability, effectiveness or suitability of any Receivable. Custodian confirms that it holds each Receivable and the other documents in the related Receivables File for the benefit of [the Seller][the Trust][the Indenture Trustee]. Custodian hereby acknowledges and agrees that it is holding such Receivables now and hereafter, from time to time, in its custody or control as bailee for the [the Seller][the Trust][the Indenture Trustee], if the transfer of Receivables is deemed not to be an absolute transfer of such Receivables, subject to the continuing pledge and security interest granted by [Originator][the Seller][the Trust] to [the Seller][the Trust][the Indenture Trustee] under the [Purchase Agreement] [Sale and Servicing Agreement][Indenture]. Upon repurchase or substitution of the Receivables to which this Custodian Certification relates and payment of the applicable repurchase price, the Receivables to which this Custodian Certification relates shall be returned and released by Custodian to [the Seller][the Trust][the Indenture Trustee], and this Custodian Certification shall be and be deemed to be canceled by Custodian and of no force and effect. --------------------------- ------------------------- as Custodian By -------------------------------------- Name: Title:
Appears in 1 contract
Samples: Custodial Agreement (Caterpillar Financial Funding Corp)
Gentlemen. In accordance with the provisions of Section 6.15 3.2 of the Indentureabove-referenced Custodial Agreement, the undersigned, as Indenture TrusteeCustodian, hereby certifies that, as that it has received all of the items listed in Section 3.1 of the Custodial Agreement with respect to each Mortgage Loan listed in the Mortgage Loan Schedule to the Indenture (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has reviewed the Mortgage File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Mortgage File (as set forth in the definition of "Mortgage Loan Documents" in the Mortgage Loan Sale Agreement referred to in the Indenture) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, and only as to such documents, the information set forth identified on the Mortgage Loan Schedule (the "Mortgage Loan Schedule") attached hereto dated as of _______, 199_. Custodian confirms that the Mortgage Loan number in each Mortgage File conforms to the Indenture accurately reflects respective Mortgage Loan number listed on the Mortgage Loan Schedule and that the "Aggregate Outstanding Principal Amount" set forth above corresponds to like information contained on the Mortgage Loan Schedule. Any exceptions or deficiencies in a Mortgage File which are required by the Custodial Agreement to be reported are set forth in the Mortgage FileMaster Exception Report dated _________ , 199_ and made a part hereof. The undersigned Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodial Agreement. Custodian further certifies that the Indenture Trustee's review of as to each Mortgage File included each Loan, Custodian holds the Mortgage Loan in its name as custodian for the benefit of [the procedures listed in Section 6.15(aDepositor] [the Trustee], without written notice (a) of any adverse claims, liens or encumbrances, (b) that any Mortgage Loan was overdue or has been dishonored, (c) of evidence on the Indenture. Except as described herein, the Indenture Trustee has not made an independent examination face of any documents contained Mortgage Loan or other document in the Mortgage File of any security interest therein, or (d) of any defense against or claim to the Mortgage FileLoan by any other party. The Indenture Trustee Custodian makes no representations or warranties as to: (i) to the validity, legality, sufficiency, enforceability enforceability, genuineness or genuineness prior recorded status of any of the documents contained in any each Mortgage File for any of or the Mortgage Loans listed on the Mortgage Loan Schedule to the Indenture, (ii) the collectibilitycollectability, insurability, effectiveness or suitability of any Mortgage Loan. Custodian confirms that it holds each Mortgage Loan and the other documents in the related Mortgage File for the benefit of [the Depositor][the Trustee] and its transferees from time to time. Custodian hereby acknowledges and agrees that it is holding such Mortgage Loan Loans now and hereafter, from time to time, in its custody or (iii) whether any control as agent and bailee for the [Depositor][the Trustee], if the transfer of Mortgage File should include any flood insurance policyLoans is deemed not to be an absolute transfer of such Mortgage Loans, any rider, addenda, surety or guaranty agreement, power of attorney, buy down agreement, assumption agreement, modification agreement, written assurance subject to the continuing pledge and security interest granted by [Originator][Depositor] to [the Depositor][the Trustee] under the [Transfer Agreement] [Pooling and Servicing Agreement]. Upon repurchase or substitution agreementof the Mortgage Loans to which this Trust Receipt and Certification relates and payment of the applicable repurchase price, the Mortgage Loans to which this Trust Receipt and Certification relates shall be returned and released by Custodian to [Depositor][the Trustee], and this Trust Receipt and Certification shall be and be deemed to be canceled by Custodian and of no force and effect. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Indenture. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION------------------------ ----------------, as Indenture Trustee Custodian By:___________________________ Its:Name: Title: EXHIBIT B REQUEST FOR RELEASE OF DOCUMENTS [DATE] To: [Custodian] Re: Custodial Agreement, dated as of May 1, 1997, by and among the Originators listed on Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), First Bank National Association, as Trustee (the "Trustee") and BankBoston, N.A., as Custodian (the "Custodian") In connection with the administration of the Mortgage Loans held by you as Custodian under the above-referenced Custodial Agreement, [_________], on behalf of [_________________ EXHIBIT E-2 FORM OF INDENTURE TRUSTEE'S FINAL CERTIFICATION [Date] National ], requests the release, and acknowledges receipt, of the following for the Mortgage Corporation Harlequin PlazaLoan described below, Suite 330 S 7600 Xxxx Xxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 00000-0000 Xe: Indenture, dated as of September 1, 1997 (for the "Indenture"), between Fund America Investors Trust 1997-NMC1 (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee (the "Indenture Trustee").reason indicated:
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