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

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon payment in full of any HELOC Mortgage Loan following the end of the related Draw Period, the HELOC Master Servicer will immediately notify the Custodian by a certification signed by a Servicing Officer in the form of the request for release (the "Request for Release") attached hereto as Exhibit B (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 Payment Account have been so deposited) and shall request delivery to the HELOC Master Servicer or Subservicer, as the case may be, of the related Mortgage File. Upon receipt of such certification and request, the Custodian shall release the related Mortgage File to the HELOC Master Servicer or Subservicer and execute and deliver to the HELOC Master Servicer, without recourse, an instrument of satisfaction of mortgage releasing the lien of the Mortgage (furnished by the HELOC Master Servicer), together with the Mortgage Note with written evidence of cancellation thereon. In connection with the satisfaction of any MOM Loan, the HELOC Master Servicer is authorized to cause the removal from the registration on the MERS(R) System of such Mortgage.

Appears in 3 contracts

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)

AutoNDA by SimpleDocs

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon payment in full of any HELOC Mortgage Loan following the end of the related Draw Period, the HELOC Master Servicer will immediately notify the Custodian Indenture Trustee by a certification signed by a Servicing Officer in the form of the request for release (the "Request for Release") attached hereto as Exhibit B (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 Payment Collection Account have been so deposited) and shall request delivery to the HELOC Master Servicer or Subservicer, as the case may be, of the related Mortgage File. Upon receipt of such certification and request, the Custodian Indenture Trustee shall release the related Mortgage File to the HELOC Master Servicer or Subservicer and shall execute and deliver to the HELOC Master Servicer, without recourse, representation or warranty an instrument of satisfaction of mortgage releasing the lien of the Mortgage (furnished by the HELOC Master Servicer), together with the Mortgage Note with written evidence of cancellation thereonNote. In connection with the satisfaction of any MOM Loan, the HELOC Master Servicer is authorized to cause the removal from the registration on the MERS(R) System of such Mortgage.

Appears in 2 contracts

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2005-1), Servicing Agreement (American Home Mortgage Investment Trust 2005-2)

AutoNDA by SimpleDocs

Indenture Trustee to Cooperate; Release of Mortgage Files. (a) Upon payment in full of any HELOC Mortgage Loan following the end of the related Draw Period, the HELOC Master Servicer will immediately notify the Custodian Indenture Trustee by a certification signed by a Servicing Officer in the form of the request for release (the "β€œRequest for Release"”) attached hereto as Exhibit B (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 Payment Collection Account have been so deposited) and shall request delivery to the HELOC Master Servicer or HELOC Subservicer, as the case may be, of the related Mortgage File. Upon receipt of such certification and request, the Custodian Indenture Trustee shall release the related Mortgage File to the HELOC Master Servicer or HELOC Subservicer and shall execute and deliver to the HELOC Master Servicer, without recourse, representation or warranty an instrument of satisfaction of mortgage releasing the lien of the Mortgage (furnished by the HELOC Master Servicer), together with the Mortgage Note with written evidence of cancellation thereonNote. In connection with the satisfaction of any MOM Loan, the HELOC Master Servicer is authorized to cause the removal from the registration on the MERS(R) MERS( System of such Mortgage.

Appears in 1 contract

Samples: American Home Mortgage Investment Trust 2005-4

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!