Common use of Indenture Trustee to Cooperate; Release of Mortgage Files Clause in Contracts

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Servicer will immediately notify the Indenture Trustee by delivering, or causing to be delivered a Request for Release substantially in the form of Exhibit C. Upon receipt of such request, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File to the Servicer, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentences, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the related Mortgagor. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered to the Indenture Trustee, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Saxon Asset Securities Trust 2004-3), Sale and Servicing Agreement (Sast 2006-3), Sale and Servicing Agreement (Saxon Asset Securities Trust 2005-2)

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Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of any Mortgage LoanHome Equity Loan (including any liquidation of such Home Equity Loan through foreclosure or otherwise), or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Servicer will immediately notify shall deliver to the Custodian, on behalf of the Indenture Trustee Trustee, a written request of the Servicer signed by delivering, or causing to be delivered an Authorized Officer which states the purpose of the release of a Request for Release substantially in the form of Exhibit C. Mortgage File. Upon receipt of such written request, the Custodian, on behalf of the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File File, in trust, in its reasonable discretion to (i) the Servicer, and (ii) an escrow agent or (iii) any employee, agent or attorney of the Indenture Trustee shall at Trustee. Upon any such payment in full, or the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed receipt of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, notification that such funds have been placed in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentencesescrow, the Servicer shall be is authorized to execute each such Request for Releasegive, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in attorney-in-fact for the Indenture Trustee and the mortgagee under the Mortgage which secured the Note, an instrument of satisfaction (or assignment of Mortgage without recourse) regarding the CustodianMortgaged Property relating to such Mortgage, if applicable) pursuant which instrument of satisfaction or assignment, as the case may be, shall be delivered to the powers Person or Persons entitled thereto against receipt therefor of attorney described payment in Section 3.1. Expenses full, it being understood and agreed that no expense incurred in connection with any such instrument of satisfaction or deed of reconveyance assignment, as the case may be, shall be chargeable to the related Mortgagor. From time to time Principal and as shall be appropriate for the servicing Interest Account or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered to the Indenture Trustee, for signature. In lieu of executing any such satisfaction or assignment, as appropriatethe case may be, any court pleadingsthe Servicer may prepare and submit to the Custodian, requests for trustee’s sale on behalf of the Indenture Trustee, a satisfaction (or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided assignment without recourse, if requested by the Person or Persons entitled thereto) in form for execution by the Indenture Trustee with all requisite information completed by the Servicer; in such event, the Custodian, on behalf of the Indenture Trustee shall execute and acknowledge such satisfaction or assignment, as the case may be, and deliver the same with the related Mortgage Note or the Mortgage or otherwise available at law or in equityFile, as aforesaid.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Chec Funding LLC), Sale and Servicing Agreement (Chec Funding LLC), Sale and Servicing Agreement (Chec Funding LLC)

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Master Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately promptly notify the Indenture Trustee by delivering, or causing to be delivered delivering a Request for Release substantially in the form of Exhibit C. E. Upon receipt of such request, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File Note to the Master Servicer, and the Indenture Trustee shall at the Master Servicer’s direction execute and deliver to the Master Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, Mortgage in each case as provided by the Master Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu The Master Servicer is authorized to cause the removal from the registration on the MERS® System of such Mortgage and to execute and deliver, on behalf of the document execution process described in Trust Estate and the preceding two sentencesNoteholders or any of them, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed any and all instruments of reconveyance, and satisfaction or cancellation or of partial or full release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1. Expenses No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Collection Account, the Payment Account or the related Mortgagorsubservicing account. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, insurance any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C D signed by a Servicing Officer, release the Mortgage File Note to the Master Servicer. Subject to the further limitations set forth below, the Master Servicer shall cause the Mortgage File Note or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Master Servicer no longer exists, unless the Mortgage Loan is liquidated and the proceeds thereof are deposited in the Collection Account, in which case the Indenture Trustee shall deliver the Request for Release to the Master Servicer. If the Master Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Master Servicer shall deliver or cause to be delivered to the Indenture Trustee, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity. Notwithstanding the foregoing, the Master Servicer shall cause possession of any Mortgage Note or of any of the documents in the Mortgage File that shall have been released by the Indenture Trustee to be returned to the Indenture Trustee within 21 calendar days after possession thereof shall have been released by the Indenture Trustee unless (i) the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Collection Account, and the Master Servicer shall have delivered to the Indenture Trustee a Request for Release in the form of Exhibit E or (ii) the Mortgage Note or document shall have been delivered to an attorney or to a public trustee or other public official as required by law for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property and the Master Servicer shall have delivered to the Indenture Trustee an Officer’s Certificate of a Servicing Officer certifying as to the name and address of the Person to which the Mortgage Notes or other documents in the Mortgage File were delivered and the purpose or purposes of such delivery.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Cwabs Trust 2005-Hyb9), Sale and Servicing Agreement (GSC Capital Corp. Mortgage Trust 2006-2), Sale and Servicing Agreement (GSC Capital Corp. Mortgage Trust 2006-1)

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Servicer of a notification that payment in full will shall be escrowed in a manner customary for such purposes, the Servicer will immediately notify the Indenture Trustee and the Insurer by delivering, or causing to be delivered a Request for Release substantially certification in the form of Exhibit C. E-2 (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 3.10 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Mortgage File. Upon receipt of such certification and request, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File to the Servicer, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentences, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1. Expenses No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the related MortgagorCollection Account or the Distribution Account. From Subject to the following sentence from time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including including, for such this purpose, collection under any insurance policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections relating to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage FileLoans, the Indenture Trustee shall, upon request of the Servicer and delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing OfficerE-1, release the related Mortgage File to the Servicer, and the Indenture Trustee shall, at the direction of the Servicer, execute such documents as shall be necessary to the prosecution of any such proceedings. Such Request for Release shall obligate the Servicer to return each and every document previously requested from the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If , unless the Mortgage Loan has been liquidated and the Liquidation Proceeds no longer exist, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Collection Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or nonjudicially, and the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be has delivered to the Indenture TrusteeTrustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated and that all amounts received or to be received in connection with such liquidation that are required to be deposited into the Collection Account have been so deposited, or that such Mortgage Loan has become an REO Property, a copy of the Request for signatureRelease shall be released by the Indenture Trustee to the Servicer. Upon written certification of a Servicing Officer, as appropriatethe Indenture Trustee shall execute and deliver to the Servicer, with copies to the Insurer to be delivered by the Servicer, any court pleadings, requests for trustee’s 's sale or other documents necessary to effectuate such the foreclosure or trustee's sale in respect of a Mortgaged Property or to any legal action brought to obtain judgment against the any Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment judgment, or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity. Each such certification shall include a request that such pleadings or documents be executed by the Indenture Trustee and a statement as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Indenture Trustee will not invalidate or otherwise affect the lien of the Mortgage, except for the termination of such a lien upon completion of the foreclosure or trustee's sale.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Prudential Securities Secured Financing Corp

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Servicer will immediately notify the Indenture Trustee Custodian by delivering, or causing to be delivered (or the Indenture Trustee may deliver), to the Custodian two copies of a Request for Release substantially in the form of Exhibit C. E, which shall be signed by a Servicing Officer, or a Responsible Officer of the Indenture Trustee, as the case may be, or in mutually agreeable electronic format which will, in lieu of a signature on its face, originate from a Servicing Officer, or a Responsible Officer of the Indenture Trustee, as the case may be. Upon receipt of such request, the Indenture Trustee Custodian shall or shall cause the Custodian to promptly release the related Mortgage File to the Servicer, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentences, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.14.01. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the related Mortgagor. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee Custodian shall, upon delivery to the Indenture Trustee it of two copies of a Request for Release in the form of Exhibit C E, which shall be signed by a Servicing Officer, or a Responsible Officer of the Indenture Trustee, as the case may be, or in mutually agreeable electronic format which will, in lieu of a signature on its face, originate from a Servicing Officer, or a Responsible Officer of the Indenture Trustee, as the case may be, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If , unless the Servicer at any time seeks to initiate a foreclosure proceeding Mortgage Loan is liquidated and the proceeds thereof are deposited in respect of any Mortgaged Property as authorized by this Agreementthe Collection Account, in which case the Servicer shall deliver or cause to be delivered to the Indenture TrusteeCustodian a Request for Release in the form of Exhibit E, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain signed by a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equityServicing Officer.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (HMB Acceptance Corp.), Transfer and Servicing Agreement (Aegis Asset Backed Securities Corp)

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Master Servicer or the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately cause the Servicer to promptly notify the Indenture Trustee by delivering, or causing to be delivered delivering a Request for Release substantially in the form of Exhibit C. Upon receipt of such request, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File Note to the Servicer, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, Mortgage in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu The Master Servicer and the Servicer (to the extent provided by the ECC Capital Servicing Agreement) are authorized to cause the removal from the registration on the MERS® System of such Mortgage and to execute and deliver, on behalf of the document execution process described in Trust Estate and the preceding two sentencesNoteholders or any of them, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed any and all instruments of reconveyance, and satisfaction or cancellation or of partial or full release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1. Expenses No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the related MortgagorCollection Account, the Payment Account, the Carryover Reserve Fund or the Protected Account. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, insurance any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File Note to the Servicer or the Master Servicer. Subject to the further limitations set forth below, the Servicer or the Master Servicer shall cause the Mortgage File Note or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists, unless the Mortgage Loan is liquidated and the proceeds thereof are deposited in the Collection Account, in which case the Indenture Trustee shall deliver the Request for Release to the Servicer or the Master Servicer, as applicable. If the Master Servicer or Servicer (to the extent provided by the ECC Capital Servicing Agreement), as applicable, at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Master Servicer shall cause the Servicer to deliver or cause to be delivered to the Indenture Trustee, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity. Notwithstanding the foregoing, the Master Servicer shall instruct the Servicer (to the extent provided by the ECC Capital Servicing Agreement) to cause possession of any Mortgage Note or of any of the documents in the Mortgage File that shall have been released by the Indenture Trustee to be returned to the Indenture Trustee within 21 calendar days after possession thereof shall have been released by the Indenture Trustee unless (i) the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Collection Account, and the Master Servicer shall cause the Servicer (to the extent provided by the ECC Capital Servicing Agreement) to have delivered to the Indenture Trustee a Request for Release in the form of Exhibit C or (ii) the Mortgage Note or document shall have been delivered to an attorney or to a public trustee or other public official as required by law for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property and the Master Servicer shall cause the Servicer (to the extent provided by the ECC Capital Servicing Agreement) to have delivered to the Indenture Trustee an Officer’s Certificate of a Servicing Officer certifying as to the name and address of the Person to which the Mortgage Notes or other documents in the Mortgage File were delivered and the purpose or purposes of such delivery.

Appears in 2 contracts

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-2), Servicing Agreement (Encore Credit Receivables Trust 2005-1)

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of the Principal Balance of any Mortgage LoanLoan (including the repurchase of any Mortgage Loan or any liquidation of such Mortgage Loan through foreclosure or otherwise), or the receipt by the Master Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately notify shall deliver to the Indenture Trustee by delivering, or causing to be delivered a Request for Release substantially in the form of Exhibit C. Master Servicer's Trust Receipt. Upon receipt of such requestMaster Servicer's Trust Receipt, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File File, in trust to (i) the Master Servicer, and or (ii) an escrow agent for the Indenture Trustee shall at Master Servicer. Upon any such payment in full, or the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed receipt of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, notification that such funds have been placed in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentencesescrow, the Master Servicer shall be is authorized to execute each such Request for Releasegive, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in attorney-in-fact for the Indenture Trustee and the mortgagee under the Mortgage which secured the Credit Line Agreement, an instrument of satisfaction (or assignment of Mortgage without recourse) regarding the CustodianMortgaged Property relating to such Mortgage, if applicable) pursuant which instrument of satisfaction or assignment, as the case may be, shall be delivered to the powers Person or Persons entitled thereto against receipt therefor of attorney described payment in Section 3.1. Expenses full, it being understood and agreed that no expense incurred in connection with any such instrument of satisfaction or deed of reconveyance assignment, as the case may be, shall be chargeable to the related MortgagorPrincipal and Interest Account. From time to time and In lieu of executing any such satisfaction or assignment, as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage Filecase may be, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Master Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered may prepare and submit to the Indenture Trustee, a satisfaction (or assignment without recourse, if requested by the Person or Persons entitled thereto) in form for signatureexecution by the Indenture Trustee with all requisite information completed by the Master Servicer; in such event, the Indenture Trustee shall execute and acknowledge such satisfaction or assignment, as appropriatethe case may be, any court pleadingsand deliver the same with the related Mortgage File, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equityas aforesaid.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Advanta Revolving Home Equity Loan Trust 2000 A), Sale and Servicing Agreement (Advanta Conduit Receivables Inc)

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of any Mortgage LoanLoan (including the repurchase of any Mortgage Loan or any liquidation of such Mortgage Loan through foreclosure or otherwise), or the receipt by the Master Servicer or any Sub-Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately notify or any Sub-Servicer shall deliver to the Indenture Trustee by delivering, or causing to be delivered a Request for Release substantially in the form of Master Servicer's Trust Receipt attached hereto as Exhibit C. D. Upon receipt of such requestMaster Servicer's Trust Receipt, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File to the ServicerFile, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, in each case as provided directed by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described Master Servicer in the preceding two sentencesMaster Servicer's Trust Receipt. Upon any such payment in full, or the receipt of such notification that such funds have been placed in escrow, the Master Servicer shall be or any Sub-Servicer is authorized to execute each such Request for Releasegive, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in attorney-in-fact for the Indenture Trustee and the mortgagee under the Mortgage which secured the Note, an instrument of satisfaction (or assignment of Mortgage without recourse) regarding the CustodianProperty relating to such Mortgage, if applicable) pursuant which instrument of satisfaction or assignment, as the case may be, shall be delivered to the powers Person or Persons entitled thereto against receipt therefor of attorney described payment in Section 3.1. Expenses full, it being understood and agreed that no expense incurred in connection with any such instrument of satisfaction or deed of reconveyance assignment, as the case may be, shall be chargeable to the related MortgagorPrincipal and Interest Account. From time to time and as shall be appropriate for In lieu of executing any such satisfaction or assignment, the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage Master Servicer or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Sub-Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered may prepare and submit to the Indenture Trustee, a satisfaction (or assignment without recourse, if requested by the Person or Persons entitled thereto) in form for signatureexecution by the Indenture Trustee with all requisite information completed by the Master Servicer or any Sub-Servicer; in such event, the Indenture Trustee shall execute and acknowledge such satisfaction or assignment and deliver the same with the related Mortgage File, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equityaforesaid.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Conduit Receivables Inc)

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of any Mortgage LoanLoan (including any liquidation of such Mortgage Loan through foreclosure or otherwise), or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Servicer will immediately notify shall deliver to the Indenture Trustee by delivering, or causing to be delivered the Custodian on behalf of the Indenture Trustee a Request for Release written request and certification of the Servicer substantially in the form attached hereto as Exhibit G signed by a Servicing Officer which states the purpose of Exhibit C. the release of a Mortgage File. Upon receipt of such requestwritten request and certification, the Indenture Trustee or the Custodian on behalf of the Indenture Trustee will promptly release the related Mortgage File, in trust, to (i) the Servicer, (ii) an escrow agent or (iii) any employee, agent or attorney of the Indenture Trustee. Upon any such payment in full, or the receipt of such notification that such funds have been placed in escrow, the Servicer is authorized to give, as attorney-in-fact for the Indenture Trustee and the mortgagee under the Mortgage which secured the Mortgage Note, an instrument of satisfaction (or assignment of Mortgage without recourse) regarding the Mortgaged Property relating to such Mortgage, which instrument of satisfaction or assignment, as the case may be, shall be delivered to the Person or Persons entitled thereto against receipt therefor of payment in full, it being understood and agreed that no expense incurred in connection with such instrument of satisfaction or assignment, as the case may be, shall be chargeable to the Collection Account, the Certificate Distribution Account, the Note Distribution Account, the Indenture Trustee or the Issuer. In lieu of executing any such satisfaction or assignment, as the case may be, the Servicer may prepare and submit to the Indenture Trustee a satisfaction (or assignment without recourse, if requested by the Person or Persons entitled thereto) in form for execution by the Indenture Trustee with all requisite information completed by the Servicer; in such event, the Indenture Trustee shall execute and acknowledge such satisfaction or shall cause assignment, as the Custodian to promptly release case may be, and deliver the same with the related Mortgage File to the Servicer, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentences, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the related Mortgagor. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered to the Indenture Trustee, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equityaforesaid.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Finance America Securities LLC)

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Servicer of a notification that payment in full will shall be escrowed in a manner customary for such purposes, the Servicer will immediately notify the Indenture Trustee and the Insurer by delivering, or causing to be delivered a Request for Release substantially certification in the form of Exhibit C. D-2 (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 3.10 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Mortgage File. Upon receipt of such certification and request, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File to the Servicer, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentences, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1. Expenses No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the related MortgagorCollection Account or the Distribution Account. From Subject to the following sentence from time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including including, for such this purpose, collection under any insurance policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections relating to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage FileLoans, the Indenture Trustee shall, upon request of the Servicer and delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing OfficerD-1, release the related Mortgage File to the Servicer, and the Indenture Trustee shall, at the direction of the Servicer, execute such documents as shall be necessary to the prosecution of any such proceedings. Such Request for Release shall obligate the Servicer to return each and every document previously requested from the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If , unless the Mortgage Loan has been liquidated and the Liquidation Proceeds no longer exist, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Collection Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or nonjudicially, and the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be has delivered to the Indenture TrusteeTrustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated and that all amounts received or to be received in connection with such liquidation that are required to be deposited into the Collection Account have been so deposited, or that such Mortgage Loan has become an REO Property, a copy of the Request for signatureRelease shall be released by the Indenture Trustee to the Servicer. Upon written certification of a Servicing Officer, as appropriatethe Indenture Trustee shall execute and deliver to the Servicer, with copies to the Insurer to be delivered by the Servicer, any court pleadings, requests for trustee’s 's sale or other documents necessary to effectuate such the foreclosure or trustee's sale in respect of a Mortgaged Property or to any legal action brought to obtain judgment against the any Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment judgment, or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity. Each such certification shall include a request that such pleadings or documents be executed by the Indenture Trustee and a statement as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Indenture Trustee will not invalidate or otherwise affect the lien of the Mortgage, except for the termination of such a lien upon completion of the foreclosure or trustee's sale.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of the Principal Balance of any Mortgage LoanLoan (including the repurchase of any Mortgage Loan or any liquidation of such Mortgage Loan through foreclosure or otherwise), or the receipt by the Master Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately notify shall deliver to the Indenture Trustee by delivering, or causing to be delivered a Request for Release substantially in the form of Exhibit C. Master Servicer's Trust Receipt. Upon receipt of such requestMaster Servicer's Trust Receipt, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File File, in trust to (i) the Master Servicer, and (ii) an escrow agent or (iii) any employee, agent or attorney of the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the MortgageTrustee, in each case as provided pending its release by the Master Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu such escrow agent or such employee, agent or attorney of the document execution process described Indenture Trustee, as the case may be. Upon any such payment in full, or the preceding two sentencesreceipt of such notification that such funds have been placed in escrow, the Master Servicer shall be is authorized to execute each such Request for Releasegive, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in attorney-in-fact for the Indenture Trustee and the mortgagee under the Mortgage which secured the Credit Line Agreement, an instrument of satisfaction (or assignment of Mortgage without recourse) regarding the CustodianMortgaged Property relating to such Mortgage, if applicable) pursuant which instrument of satisfaction or assignment, as the case may be, shall be delivered to the powers Person or Persons entitled thereto against receipt therefor of attorney described payment in Section 3.1. Expenses full, it being understood and agreed that no expense incurred in connection with any such instrument of satisfaction or deed of reconveyance assignment, as the case may be, shall be chargeable to the related MortgagorPrincipal and Interest Account. From time to time and as shall be appropriate for the servicing In lieu of executing any such satisfaction or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered to the Indenture Trustee, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity.assignment,

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Mortgage Conduit Services Inc)

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Indenture Trustee to Cooperate; Release of Mortgage Files. Subject to the provisions of Section 5.12, the Servicer shall not grant a satisfaction or release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or otherwise prejudice any right the Indenture Trustee or the Note Insurer may have under the mortgage instruments. The Servicer shall maintain the fidelity bond and errors and omissions insurance as provided for in Section 5.08 insuring the Servicer against any loss it may sustain with respect to any Home Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any Mortgage Home Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Servicer will immediately notify the Indenture Trustee Custodian by delivering, an Officers' Certificate (which certificate shall include a statement to the effect that all amounts received or causing to be delivered a Request for Release substantially received in connection with such payment which are required to be deposited in the form Collection Account pursuant to Section 5.03(b) have been or will be so deposited) of Exhibit C. a Servicing Officer and shall request delivery to it of the Mortgage File. Upon receipt of such requestcertification and request and in accordance with Section 2.09 of the Indenture, the Indenture Trustee Custodian shall or shall cause the Custodian to promptly release the related Mortgage File to the Servicer, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentences, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable only from and to the extent of Servicing Fee and shall not be chargeable to the related MortgagorCollection Account, the Note Distribution Account, or the Certificate Distribution Account. From time Upon receipt by the Custodian of the certification of a Servicing Officer with respect to time the release of the Mortgage File for any Home Loan or any documents included therein, the Custodian shall release to the Servicer such Mortgage File and shall deliver such instruments of transfer presented to it by the Servicer as shall be necessary or appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien such Mortgage File in accordance with such certification of the Mortgage or the making of any corrections Servicing Officer. The release to the Servicer of a Mortgage Note File pursuant to such certification shall not require or be subject to the Mortgage or any prior approval of the other documents included Indenture Trustee in the case of a release in connection with the following: (1) the satisfaction or release of a Mortgage upon the payment in full of the Home Loan or upon such Home Loan becoming a Liquidated Home Loan; (2) a Home Loan in default for which the Servicer is or will be pursuing foreclosure or another method of liquidation pursuant to Section 5.12; or (3) the correction of documentation in the Mortgage FileFile for errors and ambiguities, the Indenture Trustee shall, upon delivery provided that such corrections shall be performed and returned to the Indenture Trustee Custodian in a prompt manner, and provided further that no more than 500 Mortgage Files shall be released and held by the Servicer at any one time. In the case of a Request for Release in release of the form of Exhibit C signed by a Servicing Officer, release the related Mortgage File to the Servicer. Subject Servicer in connection with a substitution or repurchase of any Home Loan pursuant to the further limitations set forth belowSection 3.03 or a release for other servicing reasons, the Servicer shall cause such release of the Mortgage File or documents so released to by the Custodian shall be returned subject to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect prior approval of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered to the Indenture Trustee, for signature, as appropriate, . The Indenture Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee’s 's sale or other documents necessary to effectuate such the foreclosure or trustee's sale in respect of a Mortgaged Property or to any legal action brought to obtain judgment against the any Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment judgment, or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Indenture Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Indenture Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Indenture Trustee will not invalidate or otherwise affect the lien of the Mortgage, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Indenture Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Indenture Trustee by the Servicer or take any other action requested in such request that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage upon the satisfaction thereof and the Indenture Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days, or more promptly if needed, of the Indenture Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Indenture Trustee's satisfaction that the related Home Loan has been paid in full by or on behalf of the Mortgagor and that such payment has been deposited in the Collection Account. Subject to any other applicable terms and conditions of this Agreement, the Indenture Trustee and Servicer shall be entitled to approve an assignment in lieu of satisfaction with respect to any Home Loan, provided the obligee with respect to such Home Loan following such proposed assignment provides the Indenture Trustee and Servicer with a "Certification for Assignment of Home Loan" in form and substance satisfactory to the Indenture Trustee and Servicer, providing the following: (i) that the Home Loan is secured by Mortgaged Property located in a jurisdiction in which an assignment in lieu of satisfaction is required to preserve lien priority, minimize or avoid mortgage recording taxes or otherwise comply with or facilitate a refinancing under the laws of such jurisdiction; (ii) that the substance of the assignment is, and is intended to be, a refinancing of such Home Loan and that the form of the transaction is solely to comply with or facilitate the transaction under such local laws; (iii) that the Home Loan following the proposed assignment will have a rate of interest not more than 0.25 percent below or above the rate of interest on such Home Loan prior to such proposed assignment; and (iv) that such assignment is at the request of the related Mortgagor. Upon approval of an assignment in lieu of satisfaction with respect to any Home Loan, the Servicer shall receive cash in an amount equal to the unpaid principal balance of and accrued interest on such Home Loan and the Servicer shall treat such amount as a Principal Prepayment in Full with respect to such Home Loan for all purposes hereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note)

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment Prepayment in full or scheduled maturity of any Mortgage Loan, the Servicer shall cause such final payment to be immediately deposited in the related Principal and Interest Account or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposesCollection Account. Upon notice thereof, the Servicer will immediately shall promptly notify the Indenture Trustee and the Certificateholder by delivering, or causing an Officer's Certificate (which certification shall include a statement to the effect that all amounts received in connection with such payment which are required to be delivered a Request for Release substantially deposited in either such account have been so deposited) and shall request delivery to it of the form of Exhibit C. File. Upon receipt of such properly completed certification and request, the Indenture Trustee shall or shall cause shall, not later than the Custodian to promptly fifth succeeding Business Day, release the related Mortgage File to the ServicerServicer or the applicable Subservicer indicated in such request. With any such Prepayment in full or other final payment, the Servicer is authorized to prepare for and procure from the Indenture Trustee shall at or mortgagee under the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, in each case as provided by the Servicer, together with Mortgage which secured the Mortgage Note a deed of full reconveyance or other form of satisfaction or assignment of Mortgage and endorsement of Mortgage Note in connection with written evidence of cancellation thereon. In lieu of a refinancing covering the Property, which satisfaction, endorsed Mortgage Note or assigning document execution process described in the preceding two sentences, shall be delivered by the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1person or persons entitled thereto. Expenses No expenses incurred in connection with any instrument of such satisfaction or deed of reconveyance assignment shall be chargeable payable to the Servicer by the Indenture Trustee or from the Servicer Collection Account, or the related MortgagorPrincipal and Interest Account. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including including, for such this purpose, collection under any policy of flood primary mortgage guaranty insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon request of the Servicer and delivery to the Indenture Trustee it of a Request for Release Servicer's Trust Receipt in the form of Exhibit C G signed by a Servicing Officeran authorized Officer of the Servicer, release not later than the Mortgage fifth Business Day following the date of receipt of such request the related File to the Servicer. Subject Servicer or the related Subservicer as indicated by the Servicer and shall execute such documents as shall be necessary to the further limitations set forth below, prosecution of any such proceedings. Such Servicer's Trust Receipt shall obligate the Servicer shall cause to return the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered to the Indenture Trustee, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on unless the Mortgage Note or the Mortgage or Loan shall be liquidated, in which case, upon receipt of a Officer's Certificate similar to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equitythat herein above specified.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Thornburg Mortgage Asset Corp)

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of the Principal Balance of any Mortgage LoanLoan (including the repurchase of any Mortgage Loan or any liquidation of such Mortgage Loan through foreclosure or otherwise), or the receipt by the Master Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately notify shall deliver to the Indenture Trustee by delivering, or causing to be delivered a Request for Release substantially in the form of Exhibit C. Master Servicer's Trust Receipt. Upon receipt of such requestMaster Servicer's Trust Receipt, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File File, in trust to (i) the Master Servicer, and (ii) an escrow agent or (iii) any employee, agent or attorney of the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the MortgageTrustee, in each case as provided pending its release by the Master Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu such escrow agent or such employee, agent or attorney of the document execution process described Indenture Trustee, as the case may be. Upon any such payment in full, or the preceding two sentencesreceipt of such notification that such funds have been placed in escrow, the Master Servicer shall be is authorized to execute each such Request for Releasegive, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in attorney-in-fact for the Indenture Trustee and the mortgagee under the Mortgage which secured the Underlying Mortgage Note, an instrument of satisfaction (or assignment of Mortgage without recourse) regarding the CustodianMortgaged Property relating to such Mortgage, if applicable) pursuant which instrument of satisfaction or assignment, as the case may be, shall be delivered to the powers Person or Persons entitled thereto against receipt therefor of attorney described payment in Section 3.1. Expenses full, it being understood and agreed that no expense incurred in connection with any such instrument of satisfaction or deed of reconveyance assignment, as the case may be, shall be chargeable to the related MortgagorPrincipal and Interest Account. From time to time and In lieu of executing any such satisfaction or assignment, as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage Filecase may be, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Master Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered may prepare and submit to the Indenture Trustee, a satisfaction (or assignment without recourse, if requested by the Person or Persons entitled thereto) in form for signatureexecution by the Indenture Trustee with all requisite information completed by the Master Servicer; in such event, the Indenture Trustee shall execute and acknowledge such satisfaction or assignment, as appropriatethe case may be, any court pleadingsand deliver the same with the related Mortgage File, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equityas aforesaid.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Mortgage Conduit Services Inc)

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment in full of the principal balance of any Mortgage Loan, or if the receipt by Indenture Trustee is holding the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposesMortgage Files, the Servicer will immediately shall notify the Indenture Trustee by delivering, or causing to be delivered a Request for Release substantially certification in the form of Exhibit C. Upon receipt of such request, the Indenture Trustee B hereto (which certification shall or shall cause the Custodian to promptly release the related Mortgage File include a statement to the Servicer, effect that all amounts received in connection with such payment which are required to be deposited to the Collection Account pursuant to Section 2.02 have been so deposited) of a Servicing Officer. Such notification shall be made each month at the time that the Servicer delivers its Servicer Remittance Report to the Issuer and the Indenture Trustee shall at the Servicer’s direction execute and deliver pursuant to Section 3.01. Upon any such payment in full, the Servicer is authorized to procure from such trustee under the request for reconveyance, Mortgage that secured the related Mortgage Note a deed of full reconveyance or release or satisfaction of mortgage or covering the related Mortgaged Property encumbered by such instrument releasing the lien Mortgage, which deed, except as otherwise provided in Section 2941(c) of the MortgageCalifornia Civil Code or other applicable law, shall be recorded by such trustee in the office of the County Recorder in which the Mortgage is recorded, or, as the case may be, to procure from such trustee an instrument of satisfaction or, if the related Mortgagor so requests, an assignment without recourse, in each case as provided prepared by the ServicerServicer at its expense and executed by the Indenture Trustee, together with the Mortgage Note with written evidence of cancellation thereon. In lieu of the document execution process described in the preceding two sentences, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, which deed of reconveyance, and release, instrument of satisfaction of mortgage, or such instrument releasing assignment shall be delivered by the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant Servicer to the powers of attorney described in Section 3.1. Expenses Person entitled thereto, it being understood and agreed that no expenses incurred in connection with any such deed of reconveyance, assignment or instrument of satisfaction or deed of reconveyance shall be chargeable to reimbursed from amounts at the related Mortgagortime on deposit in the Collection Account. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon written request of the Servicer and delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C trust receipt signed by a Servicing Officer, release the related Mortgage File to the Servicer. Subject Servicer and shall execute such documents prepared by the Servicer as shall be necessary to the further limitations set forth below, prosecution of any such proceedings. Such trust receipt shall obligate the Servicer shall cause to return the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If exists unless the Servicer at any time seeks Mortgage Loan shall be liquidated, in which case, upon receipt of a certificate of a Servicing Officer similar to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreementthat herein above specified, the Servicer trust receipt shall deliver or cause to be delivered released by the Indenture Trustee to the Indenture Trustee, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equityServicer.

Appears in 1 contract

Samples: Servicing Agreement (Aames Capital Acceptance Corp)

Indenture Trustee to Cooperate; Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Master Servicer or the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately cause the Servicer to promptly notify the Indenture Trustee by delivering, or causing to be delivered delivering a Request for Release substantially in the form of Exhibit C. B. Upon receipt of such request, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File Note to the Servicer, and the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage, Mortgage in each case as provided by the Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu The Master Servicer and the Servicer (to the extent provided by the ECC Capital Servicing Agreement) are authorized to cause the removal from the registration on the MERS® System of such Mortgage and to execute and deliver, on behalf of the document execution process described in Trust Estate and the preceding two sentencesNoteholders or any of them, the Servicer shall be authorized to execute each such Request for Release, request for reconveyance, deed any and all instruments of reconveyance, and satisfaction or cancellation or of partial or full release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in fact for the Indenture Trustee (or the Custodian, if applicable) pursuant to the powers of attorney described in Section 3.1. Expenses No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the related MortgagorCollection Account, the Payment Account, the Carryover Reserve Fund or the Custodial Account. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, insurance any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C B signed by a Servicing Officer, release the Mortgage File Note to the Servicer or the Master Servicer. Subject to the further limitations set forth below, the Servicer or the Master Servicer shall cause the Mortgage File Note or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists, unless the Mortgage Loan is liquidated and the proceeds thereof are deposited in the Collection Account, in which case the Indenture Trustee shall deliver the Request for Release to the Servicer or the Master Servicer, as applicable. If the Master Servicer or Servicer (to the extent provided by the ECC Capital Servicing Agreement), as applicable, at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Master Servicer shall cause the Servicer to deliver or cause to be delivered to the Indenture Trustee, for signature, as appropriate, any court pleadings, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity. Notwithstanding the foregoing, the Master Servicer shall instruct the Servicer (to the extent provided by the ECC Capital Servicing Agreement) to cause possession of any Mortgage Note or of any of the documents in the Mortgage File that shall have been released by the Indenture Trustee to be returned to the Indenture Trustee within 21 calendar days after possession thereof shall have been released by the Indenture Trustee unless (i) the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Collection Account, and the Master Servicer shall cause the Servicer (to the extent provided by the ECC Capital Servicing Agreement) to have delivered to the Indenture Trustee a Request for Release in the form of Exhibit C or (ii) the Mortgage Note or document shall have been delivered to an attorney or to a public trustee or other public official as required by law for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property and the Master Servicer shall cause the Servicer (to the extent provided by the ECC Capital Servicing Agreement) to have delivered to the Indenture Trustee an Officer’s Certificate of a Servicing Officer certifying as to the name and address of the Person to which the Mortgage Notes or other documents in the Mortgage File were delivered and the purpose or purposes of such delivery.

Appears in 1 contract

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-3)

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of the Principal Balance of any Mortgage LoanLoan (including the repurchase of any Mortgage Loan or any liquidation of such Mortgage Loan through foreclosure or otherwise), or the receipt by the Master Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately notify shall deliver to the Indenture Trustee by delivering, or causing to be delivered a Request for Release substantially in the form of Exhibit C. Master Servicer's Trust Receipt. Upon receipt of such requestMaster Servicer's Trust Receipt, the Indenture Trustee shall or shall cause the Custodian to promptly release the related Mortgage File File, in trust to (i) the Master Servicer, and (ii) an escrow agent or (iii) any employee, agent or attorney of the Indenture Trustee shall at the Servicer’s direction execute and deliver to the Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the MortgageTrustee, in each case as provided pending its release by the Master Servicer, together with the Mortgage Note with written evidence of cancellation thereon. In lieu such escrow agent or such employee, agent or attorney of the document execution process described Indenture Trustee, as the case may be. Upon any such payment in full, or the preceding two sentencesreceipt of such notification that such funds have been placed in escrow, the Master Servicer shall be is authorized to execute each such Request for Releasegive, request for reconveyance, deed of reconveyance, and release, satisfaction of mortgage, or such instrument releasing the lien of the Mortgage as attorney in attorney-in-fact for the Indenture Trustee and the mortgagee under the Mortgage which secured the Credit Line Agreement, an instrument of satisfaction (or assignment of Mortgage without recourse) regarding the CustodianMortgaged Property relating to such Mortgage, if applicable) pursuant which instrument of satisfaction or assignment, as the case may be, shall be delivered to the powers Person or Persons entitled thereto against receipt therefor of attorney described payment in Section 3.1. Expenses full, it being understood and agreed that no expense incurred in connection with any such instrument of satisfaction or deed of reconveyance assignment, as the case may be, shall be chargeable to the related MortgagorPrincipal and Interest Account. From time to time and In lieu of executing any such satisfaction or assignment, as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage Filecase may be, the Indenture Trustee shall, upon delivery to the Indenture Trustee of a Request for Release in the form of Exhibit C signed by a Servicing Officer, release the Mortgage File to the Servicer. Subject to the further limitations set forth below, the Master Servicer shall cause the Mortgage File or documents so released to be returned to the Indenture Trustee or its Custodian when the need therefor by the Servicer no longer exists. If the Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Servicer shall deliver or cause to be delivered may prepare and submit to the Indenture Trustee, a satisfaction (or assignment without recourse, if requested by the Person or Persons entitled thereto) in form for signatureexecution by the Indenture Trustee with all requisite information completed by the Master Servicer; in such event, the Indenture Trustee shall execute and acknowledge such satisfaction or assignment, as appropriatethe case may be, any court pleadingsand deliver the same with the related Mortgage File, requests for trustee’s sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equityas aforesaid.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Revolving Home Equity Loan Trust 1998-A)

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