Mortgage File. With respect to each Mortgage Loan, the Seller is in possession of a complete Mortgage File except for the documents which have been delivered to the Purchaser or the Custodian or which have been submitted for recording and not yet returned.
Mortgage File. For purposes of this Agreement, the “Mortgage File” will be as defined in the Transfer and Servicing Agreement.
Mortgage File. In connection with the sale of the Mortgage Loans to the Depositor pursuant to the Mortgage Loan Purchase and Servicing Agreements, the Mortgage File with respect to each Mortgage Loan was delivered to Xxxxx Fargo Bank, National Association. In connection with the transfer of the Mortgage Loans on the Closing Date, the Indenture Trustee will deliver an initial certification, in the form of the certificate attached as Exhibit E hereto, certifying that it has received a Mortgage File containing a Mortgage Note or Loan Agreement for each such Mortgage Loan listed on the Mortgage Loan Schedule to the Depositor and the Master Servicer. The Indenture Trustee shall not distribute the initial certification to any other party. Within 120 days following each such delivery of Mortgage Files, the Indenture Trustee shall review each such Mortgage File to ascertain that the Mortgage Documents are contained therein and that such Mortgage Documents relate to the Mortgage Loans identified on the Mortgage Loan Schedule. Furthermore, the Indenture Trustee shall review the following data elements contained in the Mortgage Loan Schedule (a) the Seller’s loan number, (b) the Mortgagor’s name, (c) the address (including city and state) of the related Mortgaged Property, (d) the original principal balance and (e) the maturity of the related Mortgage Note. In so doing, the Indenture Trustee may rely on the purported due execution and genuineness of any signature thereon. Within such 120 day period the Indenture Trustee shall provide the final certification, in the form of the certificate attached as Exhibit F hereto, to the Master Servicer and the Depositor. The list of noted exceptions included on such Exhibit F or of any exceptions still existing after delivery of the initial certification shall not be provided by the Indenture Trustee to any Securityholder (or beneficial owner thereof). The Master Servicer shall cause the Seller or, if applicable, the Depositor within 120 days of its receipt of such notice, to correct or cure any such defect or to cause such defect to be corrected or cured or to substitute for or repurchase the affected Mortgage Loan pursuant to the terms of the Mortgage Loan Purchase and Servicing Agreement. The Indenture Trustee shall have no responsibility for reviewing any Mortgage File except as expressly provided in this Section. In reviewing any Mortgage File pursuant to this Section, the Indenture Trustee shall have, without limitation, no responsibilit...
Mortgage File. With respect to each Mortgage Loan, the Seller (a) is in possession of a complete Mortgage File except for the documents which have been delivered to the Purchaser or the Custodian or which have been submitted for recording and not yet returned and (b) has in its possession all Servicing Files, or any miscellaneous items (except for those Servicing Files disclosed to Purchaser by Seller as outstanding). All Servicing Files and miscellaneous items required to be delivered pursuant to this Agreement shall be delivered to Purchaser, within the time frames set forth in this Agreement, and if a Servicing File is delivered in imaged format, such images must be of sufficient quality to be readable and able to be copied.
Mortgage File. The Mortgage File contains each of the documents and instruments required by the Custodial Agreement and by applicable Requirements of Law or the related Takeout Investor or insurer requirements, duly executed and in due and proper form and each such document or instrument is genuine and in form acceptable to Takeout Investors and insurers and the information contained therein is true, accurate and complete. The Mortgage Loan was originated in accordance with Takeout Investor and insurer underwriting standards in effect at the time the Mortgage Loan was originated.
Mortgage File. If the Seller has not already done so, the Seller shall have forwarded a complete Mortgage File with respect to each Mortgage Loan;
Mortgage File. If the Company has not already done so, the Company shall have forwarded a complete Mortgage File with respect to each Mortgage Loan;
Mortgage File. In the event that confirmation of the recording or filing of an Assignment cannot be obtained, the Custodian or Seller, as applicable, shall promptly inform the other and the Custodian shall provide Seller with a copy of the Assignment and request the preparation of a new Assignment. Seller shall cause (and pay the expenses for) the preparation of, and execute, replacement Assignments for any Assignments which, having been properly submitted for filing or recording to the appropriate governmental office by the Custodian, fail to appear of record and must be resubmitted. To avoid the unnecessary expense and administrative inconvenience associated with the execution and recording or filing of multiple Assignments, Seller shall execute the Assignments relating to the Mortgage Loans naming the Trustee on behalf of the Certificateholders and the VRR Interest Owners as assignee. Notwithstanding the fact that such Assignments shall name the Trustee on behalf of the Certificateholders and the VRR Interest Owners as the assignee, the parties hereto acknowledge and agree that the Mortgage Loans shall for all purposes be deemed to have been transferred from Seller to Purchaser and from Purchaser to the Trustee on behalf of the Certificateholders and the VRR Interest Owners.
Mortgage File. The Company shall have delivered to the Purchaser or its designee all of the Mortgage Loan Documents in accordance with Section 6.03 and a complete Mortgage File with respect to each Mortgage Loan.
Mortgage File. For purposes of this Agreement, the “Mortgage File” will be as defined in the Pooling and Servicing Agreement.
