Mortgage Files Sample Clauses
The 'Mortgage Files' clause defines the requirements and responsibilities regarding the creation, maintenance, and transfer of documents and records related to a mortgage. Typically, this clause specifies which party must keep original documents, how records should be organized, and under what circumstances files must be provided to another party, such as during a sale or audit. Its core function is to ensure that all necessary mortgage documentation is properly managed and accessible, thereby reducing the risk of disputes or compliance issues related to missing or incomplete records.
Mortgage Files. Seller hereby agrees to execute any trust receipt and transmittal letter received by it pursuant to the provisions of this subsection and to return to the Custodian a copy of it by facsimile immediately upon receipt and the original by regular mail within one (1) business day of receipt. In the event Seller receives any one (1) or more Mortgage Files or part thereof from any party, including, without limitation, any Investor, which is not delivered under a trust receipt and transmittal letter, Seller shall (i) immediately so inform Buyer and Custodian, (ii) immediately forward the Mortgage File(s) or part thereof so received to the Custodian and (iii) be deemed to have received such Mortgage File(s) under the Custodian's form of trust receipt and transmittal letter generally used by it for the purpose of transmitting Mortgage Files to Seller or other sellers of loan participation interests and hereby agrees to comply with the terms thereof. (Upon Seller's request, Custodian shall forward to Seller a copy of its standard trust receipt and transmittal letter.)
Mortgage Files. The Mortgage File contains the agreements, instruments and documents listed in SCHEDULE D
Mortgage Files. (a) On or prior to the fourth (4th) Business Day prior to the related Purchase Date the Seller shall deliver to the Custodian (as agent on behalf of the Purchaser and the Agent) each of the documents and instruments below (the “Mortgage File”) with respect to each Mortgage Loan to be transferred by the Seller to the Purchaser on such date:
(i) the related original Mortgage Note, including any riders thereto, endorsed by manual or facsimile signature by the Seller in blank in the following form: “Pay to the order of ________________ without recourse”, with all intervening endorsements that show a complete and unbroken chain of title from the originator of such Mortgage Loan to the Seller (each such endorsement being sufficient to transfer all right, title and interest of the party so endorsing, as noteholder or assignee thereof, in and to that Mortgage Note), or, if the related original Mortgage Note has been lost or destroyed and not replaced, an original lost note affidavit stating that such original Mortgage Note was lost or destroyed and not replaced, together with a copy of such Mortgage Note.
(ii) the related original recorded Mortgage, with evidence of recording indicated thereon (subject to the provisions of Section 2.05(b) below relating to items in the process of being recorded), or (if the original Mortgage has been lost or retained by a public recording office) a copy of such Mortgage certified by the public recording office in which such Mortgage has been recorded, and evidence that all related mortgage tax (if any) has been paid.
(iii) A duly executed Assignment of Mortgage from the Purchaser, in blank and recordable form, to be held by the Custodian for the benefit of the Agent, on behalf of the Secured Parties.
(iv) all interim executed recorded assignments of such Mortgage to the Purchaser, in each case with evidence of recording indicated thereon (subject to the provisions of Section 2.05(b) below relating to items in the process of being recorded) or (if the original assignment has been lost or retained by a public recording office) a copy of such assignment certified by the public recording office in which such assignment has been recorded, and evidence that all related mortgage tax (if any) has been paid.
(v) the original or copies of each executed assumption, modification, written assurance or substitution agreement relating thereto, if any.
(vi) with respect to each Mortgage Note, the original executed power of attorney (if any) used ...
Mortgage Files. The Indenture Trustee shall complete in the name of the Indenture Trustee any endorsement in blank on any Credit Line Agreement
Mortgage Files. The Representing Party has delivered (or caused to be delivered) to the Master Servicer, the Trustee or the Custodian on the Trustee's behalf a complete Mortgage File for the Credit Lease Loan, except as may otherwise be expressly permitted under Section 2.01;
Mortgage Files. With respect to each Purchased Mortgage Loan, Seller has delivered the related Mortgage Files for each related Mortgage Loan to Buyer or its Custodian.
Mortgage Files. Subject to the payment of the Repurchase Price by the Obligor to the Purchaser for any Mortgage Loan in accordance with the terms hereof, the Purchaser shall cause its custodian to release from its custody to the Seller (or its designee(s)) the contents of each Mortgage File related to any such repurchased Mortgage Loan; provided, the Purchaser may retain copies of any Mortgage File related to such Mortgage Loan.
Mortgage Files. All books and records and all information -------------- contained in any Mortgage File related to a Mortgage Loan are true, complete and accurate in all material respects. The Mortgage File contains each of the documents and instruments specified in Exhibit B to be included therein duly executed and in due and proper form, and each such document or instrument is in a form that complies with all applicable Legal Requirements.
Mortgage Files. The Mortgage File for each Mortgage Loan -------------- contains each of the documents and instruments specified to be included therein as of the Cut-off Date duly executed and in due and proper form.
Mortgage Files. On the Closing Date, Seller shall have -------------- segregated and set aside for the benefit of Purchaser or Purchaser's representative all Notes and Assignments of Mortgages, and originals of all assumptions and modifications, relating to the Mortgage Loans, in such form as is reasonable agreed upon and acceptable to Purchaser.