Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction. (ii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file. (iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby. (iv) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 4 contracts
Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Tree.com, Inc.)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly, and more frequently as requested by Buyer. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller Party with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller Party with its independent certified public accountants.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Maintenance of Papers, Records and Files. (ia) The Seller shall acquire, and the Seller shall build, maintain and have available, a complete imaged file in accordance with lending industry custom and practice for each Purchased Loan. The Seller will shall maintain imaged copies of all such Records not in the possession of Custodian or the Buyer in good and complete condition in accordance with industry practices for so long as the related Mortgage Loan is subject to a Transaction hereunder and preserve them against loss or destruction.
(iib) The Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (ia), and all such Records to the extent they are part of the Mortgage File shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause permitted to be obtained in the possession of a receipt from Custodian for any such paper, record or filethird-party in accordance with the terms of the Custodial and Disbursement Agreement.
(iiic) For so long as the Buyer has an interest in or lien on any Purchased Loan, the Seller will hold or cause to be held all related Records in trust for the Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(ivd) Upon Subject to the limitations set forth in Section 14.23, upon reasonable advance notice from Custodian or the Buyer, the Seller shall (x) make any and all such Records available to Custodian or the Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit the Buyer or its authorized agents to discuss the affairs, finances and accounts of the Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of the Seller with its independent certified public accountants.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Maintenance of Papers, Records and Files. (ia) The Seller shall acquire, and the Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. The Seller will maintain all such Records not in the possession of Custodian or the Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iib) The Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (ia). The Seller shall deliver, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver cause the Servicer to deliver, to the Buyer or its designee updates of such Servicing Records at least monthly. The Seller will not cause or authorize any such papers, records or files Mortgage Loan Documents that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event the Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiic) For so long as the Buyer has an interest in or lien on any Purchased Loan, the Seller will hold or cause to be held all related Records in trust for the Buyer. The Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(ivd) Upon reasonable advance notice from Custodian or the Buyer, the Seller shall (x) make any and all such Records available to Custodian or the Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit the Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller each of the Seller, the Servicer and the Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller the Seller, the Servicer and the Guarantor with its independent certified public accountants.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records relating to the Purchased Assets not in the possession of Custodian or Buyer released in accordance with the Custodial and Disbursement Agreement in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) loss. Seller shall collect and maintain or cause to be collected and maintained all such Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Purchaser’s or Custodian’s possession unless Buyer Purchaser otherwise approves. Seller shall deliver to Buyer approves in writing or its designee updates of such Servicing Records at least monthlyin accordance with the Custodial and Disbursement Agreement. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file, or as otherwise permitted under the Custodial and Disbursement Agreement.
(iiiii) For so long as Buyer Purchaser has an interest in or lien Lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records the sole benefit of the interests and liens granted herebyPurchaser.
(iviii) Upon reasonable advance notice from Custodian or BuyerPurchaser, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such RecordsAgent for examination, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer Agent or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Maintenance of Papers, Records and Files. (i) Each Seller and each Guarantor shall acquirerequire, and each Seller or the Guarantors of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Each Seller or the Guarantors of the Purchased Assets will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Each Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s Buyer's possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, each Seller and each Guarantor will hold or cause to be held all related Records in trust for Buyer. Each Seller or each Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, each Seller and each Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller or such Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller or such Guarantor with its independent certified public accountants.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Novastar Financial Inc), Master Repurchase Agreement (Novastar Financial Inc), Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly, and more frequently as requested by Buyer. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller Party and Servicer with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller Party and Servicer with its independent certified public accountants.
Appears in 2 contracts
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Maintenance of Papers, Records and Files. (i) Seller and each Guarantor shall acquirerequire, and Seller or either Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller or either Guarantor will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Interim Servicer, the Seller or a Guarantor unless Buyer otherwise approves. Neither Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor a Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller or a Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller and each Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyer. Seller or Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller and each Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller or either Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller or either Guarantor with its independent certified public accountants.
Appears in 2 contracts
Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller Sellers shall acquire, and Seller Sellers shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller Sellers will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller Sellers shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller Sellers shall deliver to Buyer or its designee updates of such Servicing Records at least monthly, and more frequently as requested by Buyer. Seller Sellers will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller Sellers will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller Sellers shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller Party and Servicer with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller Party and Servicer with its independent certified public accountants.
Appears in 2 contracts
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Maintenance of Papers, Records and Files. (ia) The Seller shall acquire, and the Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. The Seller will maintain all such Records not in the possession of Custodian or the Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iib) The Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (ia), and all such Records shall be in Custodian’s possession unless the Buyer otherwise approves. The Seller shall deliver to the Buyer or its designee updates of such Servicing Records at least monthly. The Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event the Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiic) For so long as the Buyer has an interest in or lien on any Purchased Loan, the Seller will hold or cause to be held all related Records in trust for the Buyer. The Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(ivd) Upon reasonable advance notice from Custodian or the Buyer, the Seller shall (x) make any and all such Records available to Custodian or the Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit the Buyer or its authorized agents to discuss the affairs, finances and accounts of the Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of the Seller with its independent certified public accountants.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement (loanDepot, Inc.)
Maintenance of Papers, Records and Files. (i) Seller and each Guarantor shall acquirerequire, and Seller or either Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller or either Guarantor will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Interim Servicer, the Seller or a Guarantor unless Buyer otherwise approves. Neither Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor a Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller or a Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller and each Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyer. Seller or Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller and each Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller or either Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller or either Guarantor with its independent certified public accountantsaccountants and (z) provide a loan tape of the Loans in a form as reasonably requested by the Buyer.
Appears in 2 contracts
Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller or the Servicers of the Purchased Loans shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. The Seller will not cause or authorize any such papers, records or files that are in Seller’s possession or control and that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its their own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 2 contracts
Samples: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP)
Maintenance of Papers, Records and Files. (ia) The Seller shall acquire, and the Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Mortgage Loan. The Seller will maintain all such Records not in the possession of Custodian or the Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iib) The Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Mortgage Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (ia). The Seller shall deliver, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver cause the Servicer to deliver, to the Buyer or its designee updates of such Servicing Records at least monthly. The Seller will not cause or authorize any such papers, records or files Mortgage Loan Documents that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event the Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiic) For so long as the Buyer has an interest in or lien on any Purchased Mortgage Loan, the Seller will hold or cause to be held all related Records in trust for the Buyer. The Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(ivd) Upon reasonable advance notice from Custodian or the Buyer, the Seller shall (x) make any and all such Records available to Custodian or the Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit the Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller each of the Seller, the Servicer and the Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller the Seller, the Servicer and the Guarantor with its independent certified public accountants.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Aames Investment Corp), Master Repurchase Agreement (New York Mortgage Trust Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer Seller’s officers who have relevant knowledge and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants. Seller shall use reasonable efforts to cause its independent certified public accountants to discuss such matters with Buyer.
Appears in 2 contracts
Samples: Master Repurchase Agreement (PHH Corp), Master Repurchase Agreement (PHH Corp)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Upon request Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthlyRecords. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants; provided, however, Seller shall be permitted to participate in such discussions with its independent certified public accountants (provided that Seller’s participation in such discussions shall not be a requirement for Buyer to engage in such discussions with Seller’s independent certified public accountants).
Appears in 2 contracts
Samples: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)
Maintenance of Papers, Records and Files. (i) Seller Sellers shall acquire, and Seller Sellers shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller Sellers will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller Sellers shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller Sellers shall deliver to Buyer or its designee updates of such Servicing Records at least monthly, and more frequently as requested by Buyer. Seller Sellers will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller Sellers will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller Sellers shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller Party with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller Party with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Maintenance of Papers, Records and Files. (i) Seller and each Guarantor shall acquire, and Seller shall buildcreate, maintain (or cause the related subservicer to maintain) and have available, a complete file in accordance with lending industry custom and practice for each the Purchased LoanAssets. Seller and each Guarantor will maintain (or cause the related subservicer to maintain) all such Records not in the possession of Custodian or Buyer Servicing Rights Files in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer otherwise approvesloss. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller and each Guarantor will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s its or in the related subservicer's possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) . For so long as Buyer has an interest in or lien on any Purchased LoanAssets, Seller will hold or cause to be held all the related Records Servicing Rights Files in trust for Buyer. Seller and each Guarantor shall notify, or cause to be notified, every other party holding any such Records Servicing Rights Files (including the related subservicer) of the interests and liens granted hereby.
(iv) . Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records Servicing Rights Files available to Custodian or Buyer to examine any such Recordsrecords held therein, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) Each Seller and the Guarantor shall acquirerequire, and each Seller or the Guarantor shall build, maintain and have available, a complete file in accordance with applicable lending industry custom and practice for each Purchased LoanAsset. Each Seller or the Guarantor will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with applicable industry practices and preserve them against loss or destructionloss.
(iii) Each Seller and the Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Servicer, such Seller or the Guarantor unless Buyer otherwise approves. No Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event a Seller or the Guarantor will obtain or cause to be obtained a receipt from Custodian an authorized officer or such Seller or Guarantor for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, each Seller and the Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyer. Each Seller or the Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance Subject to Section 19, upon two (2) Business Days notice from Custodian or Buyer, each Seller and the Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller or the Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller or the Guarantor with its independent certified public accountantsaccountants and (z) provide a Computer Medium.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file Mortgage File in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to the Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer Seller’s officers who have relevant knowledge and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants. Seller shall use reasonable efforts to cause its independent certified public accountants to discuss such matters with Buyer.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller shall acquirerequire, and Seller of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in CustodianBuyer’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller and Guarantor with its their respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller and Guarantor with its their independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller The Sellers shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller The Sellers will and with respect to the Servicing Records, will cause Servicer to maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller The Sellers shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to the preceding subsection (i), and all such Records records shall be in Custodian’s 's possession unless Buyer buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. No Seller will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s 's possession, except for individual items removed in connection with servicing a specific Loan, in which event the related Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, the related Seller will hold or cause to be held all related Records (including the Servicing Records) in trust for Buyer. The related Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, the related Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of the related Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of the related Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)
Maintenance of Papers, Records and Files. (i) Seller and each Guarantor shall acquirerequire, and Seller or either Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller or either Guarantor will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Interim Servicer, the Seller or a Guarantor unless Buyer otherwise approves. Neither Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor a Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s 's possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller or a Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller and each Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyer. Seller or Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller and each Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller or either Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller or either Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller Borrower shall, or shall acquire, and Seller shall buildcause each Eligible Property Owner to, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will or cause Asset Managers to maintain all such Servicing Records with respect to the Properties not in the possession of Custodian the Diligence Agent or Buyer the Administrative Agent in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller Borrower shall, or shall cause each Eligible Property Owner to, collect and maintain or cause to be collected and maintained all Servicing Records relating to the Purchased Loans Properties in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in CustodianDiligence Agent’s possession unless Buyer Administrative Agent otherwise approves. Seller Borrower shall deliver to Buyer Administrative Agent or its designee and Diligence Agent updates of such Servicing Records at least monthly, and more frequently as requested by Administrative Agent. Seller Borrower will not cause or authorize any such papers, records or files that are an original or an only copy to leave CustodianAsset Manager’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller Borrower will obtain or cause to be obtained a receipt from Custodian Asset Manager for any such paper, record or file.
(iii) For so long as Buyer Administrative Agent, for the benefit of the Secured Parties, has an interest in or lien on any Purchased LoanPledged Equity or Property, Seller Borrower will hold or cause to be held all related Records in trust for BuyerAdministrative Agent for the benefit of the Secured Parties. Seller Borrower shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian Diligence Agent or BuyerAdministrative Agent, Seller Borrower shall (x) make any and all such Records available to Custodian Diligence Agent or Buyer Administrative Agent to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, and (y) permit Buyer Administrative Agent or its authorized agents to discuss the affairs, finances and accounts of Seller Borrower with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller Borrower with its independent certified public accountants.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Starwood Waypoint Residential Trust)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a materially complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and materially complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in CustodianSeller’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly, and more frequently as requested by Buyer. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Velocity Financial, LLC)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records relating to the Purchased Assets not in the possession of Custodian or Buyer released in accordance with the Custodial Agreement in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) loss. Seller shall collect and maintain or cause to be collected and maintained all such Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Purchaser’s or Custodian’s possession unless Buyer Purchaser otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthlyapproves in writing. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file, or as otherwise permitted under the Custodial Agreement.
(iiiii) For so long as Buyer Purchaser has an interest in or lien Lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records the sole benefit of the interests and liens granted herebyPurchaser.
(iviii) Upon reasonable advance notice from Custodian Custodian, Agent or BuyerPurchaser, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such RecordsAgent for examination, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer Agent or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective independent certified public accounts; provided, however, Seller shall be permitted to participate in such discussions with its chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Walter Investment Management Corp)
Maintenance of Papers, Records and Files. (ia) Seller Customer shall acquire, acquire and Seller it or its servicer shall build, maintain and have available, available a complete file in accordance with lending industry custom and practice for each Purchased LoanMortgage Loan that is part of the Collateral. Seller Customer or such servicer will maintain all such Records papers, records and files not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iib) Seller Customer shall collect and maintain or cause to be collected and maintained all Records papers, records and files relating to the Purchased Loans Collateral in accordance with industry custom and practice, including those maintained pursuant to subsection subparagraph (i)a) above, and all such Records materials shall be in Custodian’s 's or Customer's possession unless Buyer DLJ otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller Customer will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave its or Custodian’s 's possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller Customer will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiic) For so long as Buyer DLJ has an a security interest in or lien on any Purchased LoanCollateral, Seller Customer will hold or cause to be held all any paper, record or file related Records to the Collateral in trust for BuyerDLJ. Seller Customer shall notify, or cause to be notified, notify every other party holding any such Records paper, record or file of the security interests and liens granted hereby.
(ivd) Upon reasonable advance notice from Custodian or BuyerDLJ, Seller and during regular business hours, Customer shall (x) make any and all such Records papers, records or files available to Custodian or Buyer DLJ to examine any such Recordspapers, records and files, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Pledge Agreement (BNC Mortgage Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller or the Servicer of the Purchased Loans shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller or the Servicer of the Purchased Loans will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller and Servicer shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Neither Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor Guarantor will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller and Servicer will hold or cause to be held all related Records in trust for Buyer. Seller or Servicer shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller and Servicer shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller or Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller or Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Each Seller and each Guarantor shall acquirerequire, and each Seller or the Guarantors of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Each Seller or the Guarantors of the Purchased Assets will maintain all such Records not in the possession of Custodian or Buyer Buyers in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Each Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s Buyers’ possession unless Buyer Buyers otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiiii) For so long as any Buyer has an interest in or lien on any Purchased LoanAsset, each Seller and each Guarantor will hold or cause to be held all related Records in trust for such Buyer. Each Seller or each Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or the related Buyer, each Seller and each Guarantor shall (x) make any and all such Records available to Custodian or such Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit such Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller or such Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller or such Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) The Seller shall acquire, and the Seller or the Servicer of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. The Seller or the Servicer of the Purchased Assets will maintain all such Records not in the possession of the Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) The Seller and the Servicer shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the Custodian’s possession unless the Buyer otherwise approves. Neither the Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor the Guarantor will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event the Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as the Buyer has an interest in or lien on any Purchased LoanAsset, the Seller and the Servicer will hold or cause to be held all related Records in trust for the Buyer. The Seller or the Servicer shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from the Custodian or the Buyer, the Seller and the Servicer shall (x) make any and all such Records available to the Custodian or the Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit the Buyer or its authorized agents to discuss the affairs, finances and accounts of the Seller or the Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of the Seller or the Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller United Shore shall or shall cause the Servicer to acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Asset and Loan (including all diligence reports prepared by United Shore or third-parties in connection with each Purchased Asset and Loan). Seller United Shore will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller United Shore shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records relating to the Purchased Assets shall be in Servicer’s or Custodian’s possession unless Buyer otherwise approveson behalf of Buyer. Seller If requested by Buyer, United Shore shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller United Shore will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller United Shore will hold or cause to be held all related Records in trust for Buyer. Seller United Shore shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller United Shore shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller United Shore with its independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller shall acquire, acquire and Seller or servicer of the Purchased Securities shall build, maintain and have available, available a complete file in accordance with lending industry custom and practice for each Purchased LoanSecurity. Seller or the servicer of the Purchased Securities will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Securities in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subparagraph, and all such Records shall be in Custodian’s 's or Seller's possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Seller's or Custodian’s 's possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanSecurity, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, notify every other party holding any such Records of the interests and liens granted hereby.
(iv. iii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Metropolitan Mortgage & Securities Co Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller or servicer of the Purchased Assets shall build, maintain and have available, a complete file tile in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller or the servicer of the Purchased Assets will maintain all alt such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(ii) i. Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subparagraph, and all such Records shall be in Custodian’s 's possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s 's possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian thin a financially responsible person for any such paper, record or file.
(iii) ii. For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. , Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) iii. Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Arbor Realty Trust Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records relating to the Purchased Assets not in the possession of Custodian or Buyer released in accordance with the Custodial Agreement in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) loss. Seller shall collect and maintain or cause to be collected and maintained all such Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Purchaser’s or Custodian’s possession unless Buyer Purchaser otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthlyapproves in writing. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file, or as otherwise permitted under the Custodial and Disbursement Agreement.
(iiiii) For so long as Buyer Purchaser has an interest in or lien Lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records the sole benefit of the interests and liens granted herebyPurchaser.
(iviii) Upon reasonable advance notice from Custodian or BuyerPurchaser, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such RecordsAgent for examination, either by its own officers or employees, or by agents or contractors, who are bound by confidentiality obligations with Custodian or Agent, as applicable, or both, and make copies of all or any portion thereof, (y) permit Buyer Agent or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants; provided, that Seller shall have the right to have a representative present during any such discussion.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller and Originator shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller Seller, Originator or Servicer will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller and Originator shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s 's possession unless Buyer otherwise approves. Neither Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor Originator will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s 's possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller or Originator will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller and Originator will hold or cause to be held all related Records in trust for Buyer. Seller or Originator shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller and Originator shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller and Originator with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller and Originator with its independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly, and more frequently as requested by Buyer. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
Maintenance of Papers, Records and Files. (i) Seller Each Seller, each Guarantor and the REO Subsidiary shall acquirerequire, and Seller Sellers, the Guarantors or the Servicer of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller Sellers, the Guarantors or the Servicer of the Purchased assets will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Each Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s 's possession unless Buyer otherwise approves. No Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor any Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s 's possession, except for individual items removed in connection with servicing a specific Loan, in which event such Seller or such Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, each Seller and each Guarantor will hold or cause to be held all related Records in trust for Buyer. Each Seller or each Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, each Seller and each Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of such Seller or such Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of such Seller or such Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) Seller and Guarantor shall acquire, and Seller or Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller or Guarantor will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller and Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer Buyers otherwise approvesapprove. Neither Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor Guarantor will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller or Guarantor will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has Buyers have an interest in or lien on any Purchased Loan, Seller and Guarantor will hold or cause to be held all related Records in trust for BuyerBuyers. Seller or Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or BuyerBuyers, Seller and Guarantor shall (x) make any and all such Records available to Custodian or Buyer Buyers to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer Buyers or its their authorized agents to discuss the affairs, finances and accounts of Seller or Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller or Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)
Maintenance of Papers, Records and Files. (i) Related Seller and Guarantor shall acquirerequire, and related Seller or Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Related Seller or Guarantor will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Related Seller and Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Servicer, the related Seller or Guarantor unless Buyer otherwise approves. No Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event related Seller or Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, related Seller and Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyer. Related Seller or Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, related Seller and Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of related Seller or Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of related Seller or Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller Sellers and the ECC Persons shall acquire, and Seller Sellers or ECC or the other ECC Persons shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller Sellers and the ECC Persons will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller Sellers and the ECC Persons shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer Buyers otherwise approvesapprove. Neither any Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor any ECC Person will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event the applicable Seller or the applicable ECC Person will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has Buyers have an interest in or lien on any Purchased Loan, Seller Sellers and the ECC Persons will hold or cause to be held all related Records in trust for BuyerBuyers. The applicable Seller and the applicable ECC Person shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or BuyerBuyers, Seller Sellers and the applicable ECC Persons shall (x) make any and all such Records available to Custodian or Buyer Buyers to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer Buyers or its their authorized agents to discuss the affairs, finances and accounts of the applicable Seller or the ECC Person with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of the applicable Seller or the applicable ECC Person with its independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Each Seller and Guarantor shall acquirerequire, and each Seller or Guarantor of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Each Seller or Guarantor of the Purchased Assets will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iii) Each Seller and Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in CustodianBuyer’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien Lien on any Purchased LoanAsset, each Seller and Guarantor will hold or cause to be held all related Records in trust for Buyer. Each Seller or Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens Liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, each Seller and Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller or Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller or Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) Seller Sellers shall acquirerequire, and Seller Sellers shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller Sellers will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller Sellers shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer Buyers otherwise approvesapprove. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. No Seller will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s possessionpossession and come into the possession of any Seller, except for individual items removed in connection with servicing a specific Loan, in which event such Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has Buyers have an interest in or lien on any Purchased LoanAsset, Seller Sellers will hold or cause to be held all related Records in trust for BuyerBuyers. Seller Sellers shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or BuyerBuyers, Seller Sellers shall (x) make any and all such Records available to Custodian or Buyer Buyers to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer Buyers or its their authorized agents to discuss the affairs, finances and accounts of each Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) The related Seller and the Guarantor shall acquirerequire, and the related Seller or the Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. The related Seller or the Guarantor will maintain or cause to be maintained all such Records not in the possession of the Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) The related Seller and the Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Servicer, the related Seller or the Guarantor unless the Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller Neither the Sellers nor the Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave the Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event the related Seller or the Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as the Buyer has an interest in or lien on any Purchased LoanAsset, the related Seller and the Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for the Buyer. The related Seller or the Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from the Custodian or the Buyer, the related Seller and the Guarantor shall (x) make any and all such Records available to the Custodian or the Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit the Buyer or its authorized agents to discuss the affairs, finances and accounts of the related Seller or the Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of the related Seller or the Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Upon request Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthlyRecords. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants; provided, however, Seller shall be permitted to participate in such discussions with its independent certified public accountants (provided that Seller’s participation in such discussions shall not be a requirement for Buyer to engage in such discussions with Seller’s independent certified public accountants).
Appears in 1 contract
Samples: Master Repurchase Agreement (Walter Investment Management Corp)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry Seller’s custom and practice for each Purchased LoanAsset. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry Seller’s practices and preserve them against loss or destruction.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry Seller’s custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the related servicer’s or Custodian’s possession unless Buyer otherwise approvespossession. Upon request, Seller shall deliver to the Buyer or its designee updates of such Servicing Records at least monthlyas reasonably requested by Buyer. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller will maintain all such Records not in the possession of the Custodian or Buyer Bond Custodian in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s or Bond Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s or Bond Custodian’s possession, except for individual items removed in connection with servicing a specific LoanAsset, in which event Seller will obtain or cause to be obtained a receipt from the Custodian or Bond Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian, Bond Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian, Bond Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, acquire and Seller or servicer of the Purchased Securities shall build, maintain and have available, available a complete file in accordance with lending industry custom and practice for each Purchased LoanSecurity. Seller or the servicer of the Purchased Securities will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subparagraph, and all such Records shall be in Custodian’s 's or Seller's possession unless Buyer Nikko otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Seller's or Custodian’s 's possession, except for individual items removed in connection with servicing a specific LoanPurchased Security, in which event Seller will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer Nikko has an interest in or lien on any Purchased LoanSecurity, Seller will hold or cause to be held all related Records in trust for BuyerNikko. Seller shall notify, or cause to be notified, notify every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable Uponreasonable advance notice from Custodian or BuyerNikko, Seller shall (x) make any and all such Records available to Custodian or Buyer Nikko to examine any such Records, Records either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer Nikko or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller The Sellers and the Guarantor shall acquirerequire, and Seller the Sellers or the Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanSecurity. Seller The Sellers or the Guarantor will maintain all such Records not in the possession of Custodian or Buyer the Buyers in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller The Sellers and the Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Securities in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s the Buyers’ possession unless Buyer the Buyers otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or fileapprove.
(iiiii) For so long as Buyer has the Buyers have an interest in or lien on any Purchased LoanSecurity, Seller the Sellers and the Guarantor will hold or cause to be held all related Records in trust for Buyerthe Buyers. Seller The Sellers or the Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyerthe Buyers, Seller the Sellers and the Guarantor shall (x) make any and all such Records available to Custodian or Buyer the Buyers to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer the Buyers or its their authorized agents to discuss the affairs, finances and accounts of Seller the Sellers or the Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller the Sellers or the Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) Each Seller and each Guarantor shall acquirerequire, and each Seller or the Guarantors of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Each Seller or the Guarantors of the Purchased Assets will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Each Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in CustodianBuyer’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, each Seller and each Guarantor will hold or cause to be held all related Records in trust for Buyer. Each Seller or each Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, each Seller and each Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller or such Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller or such Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller or the Servicer of the Purchased Loans shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. The Seller will not cause or authorize any such papers, records or files that are in Seller’s possession or control and that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its their own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of a Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(iii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the Custodian’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave the Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from any Custodian or Buyer, Seller shall (x) make any and all such Records available to the Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller The Sellers shall acquirerequire, and Seller the Sellers shall build, maintain and have available, a complete file in accordance with applicable lending industry custom and practice for each Purchased LoanAsset. Seller The Sellers will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with applicable industry practices and preserve them against loss or destructionloss.
(iii) Seller The Sellers shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Servicer or the Sellers unless Buyer the Administrative Agent otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller The Sellers will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller the Sellers will obtain or cause to be obtained a receipt from Custodian an authorized officer of the Sellers for any such paper, record or file.
(iiiii) For so long as Buyer the Administrative Agent has an interest in or lien on any Purchased LoanAsset, Seller the Sellers will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyerthe Administrative Agent. Seller The Sellers shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance Subject to Section 32 hereof, upon one (1) Business Day’s notice from Custodian or Buyerthe Administrative Agent, Seller the Sellers shall (xA) make any and all such Records available to Custodian or Buyer the Administrative Agent to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (yB) permit Buyer the Administrative Agent or its authorized agents to discuss the affairs, finances and accounts of Seller the Sellers with its their respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller the Sellers with its their independent certified public accountantsaccountants and (C) provide a Computer Medium.
Appears in 1 contract
Samples: Master Repurchase Agreement (American Home Mortgage Investment Corp)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in CustodianServicer’s possession unless Buyer otherwise approveson behalf of Buyer. If requested by Buyer, Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer has an interest in or lien on any Purchased Loan, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or Buyer, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Maintenance of Papers, Records and Files. (i) Seller Borrower shall, or shall acquire, and Seller shall buildcause each Eligible REO Entity to, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will or cause Asset Managers to maintain all such Servicing Records with respect to the Contributed REO Properties not in the possession of Custodian or Buyer Lender in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) Seller Borrower shall, or shall cause each Eligible REO Entity to, collect and maintain or cause to be collected and maintained all Servicing Records relating to the Purchased Loans Contributed REO Properties in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Custodian’s possession unless Buyer Lender otherwise approves. Seller Borrower shall deliver to Buyer Lender or its designee updates of such Servicing Records at least monthly, and more frequently as requested by Lender. Seller Borrower will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller Borrower will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iii) For so long as Buyer Lender has an interest in or lien on any Purchased LoanPledged Equity or Contributed REO Property, Seller Borrower will hold or cause to be held all related Records in trust for BuyerLender. Seller Borrower shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iv) Upon reasonable advance notice from Custodian or BuyerLender, Seller Borrower shall (x) make any and all such Records available to Custodian or Buyer Lender to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, and (y) permit Buyer Lender or its authorized agents to discuss the affairs, finances and accounts of Seller Borrower with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller Borrower with its independent certified public accountants.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Starwood Waypoint Residential Trust)
Maintenance of Papers, Records and Files. (i) The related Seller and the Guarantor shall acquirerequire, and the related Seller or the Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. The related Seller or the Guarantor will maintain or cause to be maintained all such Records not in the possession of the Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) The related Seller and the Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Interim Servicer, the related Seller or the Guarantor unless the Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller neither the Sellers nor the Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave the Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event the related Seller or the Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as the Buyer has an interest in or lien on any Purchased LoanAsset, the related Seller and the Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for the Buyer. The related Seller or the Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from the Custodian or the Buyer, the related Seller and the Guarantor shall (x) make any and all such Records available to the Custodian or the Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit the Buyer or its authorized agents to discuss the affairs, finances and accounts of the related Seller or the Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of the related Seller or the Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Related Seller and Guarantor shall acquirerequire, and related Seller or Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Related Seller or Guarantor will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Related Seller and Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Interim Servicer, the related Seller or Guarantor unless Buyer otherwise approves. No Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event related Seller or Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, related Seller and Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyer. Related Seller or Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, related Seller and Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of related Seller or Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of related Seller or Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (ia) Seller You shall acquire, acquire and Seller you or ---------------------------------------- your servicer shall build, maintain and have available, available a complete file in accordance with lending industry custom and practice for each Purchased LoanMortgage Loan that is part of the Collateral. Seller You or your servicer will maintain all such Records papers, records and files not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iib) Seller You shall collect and maintain or cause to be collected and maintained all Records papers, records and files relating to the Purchased Loans Collateral in accordance with industry custom and practice, including those maintained pursuant to subsection subparagraph (i)a) above, and all such Records materials shall be in Custodian’s 's or your possession unless Buyer Nikko otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller You will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave your or Custodian’s 's possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller you will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiic) For so long as Buyer Nikko has an a security interest in or lien on any Purchased LoanCollateral, Seller you will hold or cause to be held all any paper, record or file related Records to the Collateral in trust for BuyerNikko. Seller You shall notify, or cause to be notified, notify every other party holding any such Records paper, record or file of the security interests and liens granted hereby.
(ivd) Upon reasonable advance notice from Custodian or BuyerNikko, Seller and during regular business hours, you shall (x) make any and all such Records papers, records or files available to Custodian or Buyer Nikko to examine any such Recordspapers, records and files, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Residential Mortgage Financing Facility (Preferred Credit Corp)
Maintenance of Papers, Records and Files. (i) Each Seller and the Guarantor shall acquirerequire, and each Seller or the Guarantor shall build, maintain and have available, a complete file in accordance with applicable lending industry custom and practice for each Purchased LoanAsset (and each Purchased Interest therein) and each item of Collateral. Each Seller or the Guarantor will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with applicable industry practices and preserve them against loss or destructionloss.
(iii) Each Seller shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets (and each Purchased Interest therein) in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Servicer, or such Seller unless Buyer Required Buyers otherwise approvesapprove. No Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event a Seller will obtain or cause to be obtained a receipt from Custodian an authorized officer or such Seller or Guarantor for any such paper, record or file.
(iiiii) For so long as any Buyer or the Administrative Agent has an any ownership or other interest in or lien Lien on any Purchased LoanAsset (or Purchased Interest therein), each Seller will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyersuch Buyer and the Administrative Agent. Each Seller shall notify, or cause to be notified, every other party holding any such Records of the ownership or other interests and liens Liens granted hereby.
(iviii) Upon reasonable advance Subject to Section 19, upon two (2) Business Days’ notice from Custodian or BuyerBuyers, each Seller shall (x) make any and all such Records available to Custodian Custodian, Buyers or Buyer the Administrative Agent to examine any such Records, either by its their own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit the Administrative Agent, any Buyer or its their authorized agents to discuss the affairs, finances and accounts of each Seller or the Guarantor with its their respective chief operating officer officers and chief financial officer officers and to discuss the affairs, finances and accounts of each Seller or the Guarantor with its independent certified public accountantsaccountants and (z) provide a Computer Medium.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Each Seller and the Guarantor shall acquirerequire, and each Seller or the Guarantor of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Each Seller or the Guarantor of the Purchased Assets will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Each Seller and the Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in CustodianBuyer’s possession unless Buyer otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller will obtain or cause to be obtained a receipt from Custodian for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, each Seller and the Guarantor will hold or cause to be held all related Records in trust for Buyer. Each Seller or the Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, each Seller and the Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of each Seller or the Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of each Seller or the Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Maintenance of Papers, Records and Files. (i) Seller shall acquire, and Seller shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased Loan. Seller will maintain all such Records relating to the Purchased Assets not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destruction.
(ii) loss. Seller shall collect and maintain or cause to be collected and maintained all such Records relating to the Purchased Loans in accordance with industry custom and practice, including those maintained pursuant to subsection (i), and all such Records shall be in Purchaser’s or Custodian’s possession unless Buyer Purchaser otherwise approves. Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthlyapproves in writing. Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file, or as otherwise permitted under the Custodial and Disbursement Agreement.
(iiiii) For so long as Buyer Purchaser has an interest in or lien Lien on any Purchased LoanAsset, Seller will hold or cause to be held all related Records in trust for Buyer. Seller shall notify, or cause to be notified, every other party holding any such Records the sole benefit of the interests and liens granted herebyPurchaser.
(iviii) Upon reasonable advance notice from Custodian or BuyerPurchaser, Seller shall (x) make any and all such Records available to Custodian or Buyer to examine any such RecordsAgent for examination, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer Agent or its authorized agents to discuss the affairs, finances and accounts of Seller with its respective independent certified public accounts; provided, however, Seller shall be permitted to participate in such discussions with its chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (Walter Investment Management Corp)
Maintenance of Papers, Records and Files. (i) Seller and each Guarantor ---------------------------------------- shall acquirerequire, and Seller or either Guarantor shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller or either Guarantor will maintain or cause to be maintained all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in the possession of the Custodian’s possession , the Interim Servicer, the Seller or a Guarantor unless Buyer otherwise approves. Neither Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor a Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s 's possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller or a Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller and each Guarantor will hold or cause to be held all related Records in trust trust, as the custodian and bailee, for Buyer. Seller or Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance notice from Custodian or Buyer, Seller and each Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller or either Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller or either Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Maintenance of Papers, Records and Files. (i) Seller and each Guarantor shall acquire, and Seller Seller, the Guarantors or the Servicer of the Purchased Assets shall build, maintain and have available, a complete file in accordance with lending industry custom and practice for each Purchased LoanAsset. Seller Seller, the Guarantors or the Servicer of the Purchased Assets will maintain all such Records not in the possession of Custodian or Buyer in good and complete condition in accordance with industry practices and preserve them against loss or destructionloss.
(iii) Seller and each Guarantor shall collect and maintain or cause to be collected and maintained all Records relating to the Purchased Loans Assets in accordance with industry custom and practice, including those maintained pursuant to subsection (i)the preceding subsection, and all such Records shall be in Custodian’s 's possession unless Buyer otherwise approves. Neither Seller shall deliver to Buyer or its designee updates of such Servicing Records at least monthly. Seller nor any Guarantor will not cause or authorize allow any such papers, records or files that are an original or an only copy to leave Custodian’s 's possession, except for individual items removed in connection with servicing a specific Loan, in which event Seller or such Guarantor will obtain or cause to be obtained a receipt from Custodian a financially responsible person for any such paper, record or file.
(iiiii) For so long as Buyer has an interest in or lien on any Purchased LoanAsset, Seller and each Guarantor will hold or cause to be held all related Records in trust for Buyer. Seller or each Guarantor shall notify, or cause to be notified, every other party holding any such Records of the interests and liens granted hereby.
(iviii) Upon reasonable advance written notice from Custodian or Buyer, Seller and each Guarantor shall (x) make any and all such Records available to Custodian or Buyer to examine any such Records, either by its own officers or employees, or by agents or contractors, or both, and make copies of all or any portion thereof, (y) permit Buyer or its authorized agents to discuss the affairs, finances and accounts of Seller or such Guarantor with its respective chief operating officer and chief financial officer and to discuss the affairs, finances and accounts of Seller or such Guarantor with its independent certified public accountants.
Appears in 1 contract
Samples: Master Repurchase Agreement (American Business Financial Services Inc /De/)