Common use of Mortgage Files and Documents Clause in Contracts

Mortgage Files and Documents. (a) In connection with each transfer and assignment contemplated by Sections 2.01 and 2.02 hereof, the Depositor will cause the Sponsor to deliver to, and deposit with, the Indenture Trustee the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned: (i) the original Mortgage Note, endorsed in the following form: "Pay to the order of First Union National Bank, as Indenture Trustee for the registered holders of Emergent Home Equity Loan Asset Backed Notes, Series 1997-4, without recourse," with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Indenture Trustee; (ii) the original Mortgage with evidence of recording thereon, and the original recorded power of attorney, if the Mortgage was executed pursuant to a power of attorney, with evidence of recording thereon or, if such Mortgage or power of attorney has been submitted for recording but has not been returned form the applicable public recording office or is not otherwise available, a copy of such Mortgage or power of attorney, as the case may be, certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (iii) an original Assignment of the Mortgage executed in the following form: "First Union National Bank, as Indenture Trustee for the registered holders of Emergent Home Equity Loan Asset Backed Notes, Series 1997-4"; (iv) the original recorded Assignment or Assignments of the Mortgage showing a complete chain of assignment from the originator to the Person assigning the Mortgage to the Indenture Trustee as contemplated by the immediately preceding clause (iii) or, if any such Assignment has been submitted for recording but has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (v) the original or copies of each assumption, modification, written assurance or substitution agreement, if any; and (vi) the original lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as a first lien on the Mortgaged Property represented therein as a fee interest vested in the Mortgagor, or in the event such original title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company. (b) The Depositor shall cause the Sponsor, no later than 30 days following the Sponsor's receipt of original recording information and in any event within one year following the Closing Date, to submit or cause to be submitted for recording, at no expense to the Issuer, the Indenture Trustee or the Insurer, in the appropriate public office for real property records, each Assignment referred to in Sections 2.03(a)(iii) and (iv) above. In the event that any such Assignment is lost or returned unrecorded because of a defect therein, the Depositor shall promptly prepare or cause to be prepared a substitute Assignment or cure or cause to be cured such defect, as the case may be, and thereafter cause each such Assignment to be duly recorded. (c) If any original Mortgage Note referred to in Section 2.03(a)(i) cannot be located, the obligations of the Depositor to cause the Sponsor to deliver such documents shall be deemed to be satisfied upon delivery to the Indenture Trustee of a photocopy of the original of such Mortgage Note, with a Lost Note Affidavit to follow within one Business Day. If any of the documents referred to in Section 2.03(a)(ii), (iii) or (iv) above has as of the Closing Date or Pre-Funded Loan Transfer Date been submitted for recording but either (x) has not been returned from the applicable public recording office or (y) such public recording office has retained the original of such document, the obligations of the Depositor to cause the Sponsor to deliver such documents shall be deemed to be satisfied upon (1) delivery to the Indenture Trustee of a copy of each such document certified by the Sponsor in the case of (x) above or the applicable public recording office in the case of (y) above to be a true and complete copy of the original that was submitted for recording and (2) if such copy is certified by the Sponsor, delivery to the Indenture Trustee promptly upon receipt thereof of either the original or a copy of such document certified by the applicable public recording office to be a true and complete copy of the original. Notice shall be provided to the Indenture Trustee, the Insurer and the Rating Agencies by the Sponsor if delivery pursuant to clause (2) above will be made more than 180 days after the Closing Date or Pre-Funded Loan Transfer Date, as the case may be. If the original lender's title insurance policy was not delivered pursuant to Section 2.03(a)(vi) above, the Depositor shall cause the Sponsor to deliver to the Indenture Trustee, promptly after receipt thereof, the original lender's title insurance policy. The Depositor shall cause the Sponsor to deliver to the Indenture Trustee promptly upon receipt thereof any other original documents constituting a part of a Mortgage File received with respect to any Mortgage Loan, including, but not limited to, any original documents evidencing an assumption or modification of any Mortgage Loan. (d) All original documents relating to the Mortgage Loans that are not delivered to the Indenture Trustee are and shall be held by or on behalf of the Issuer, the Sponsor, the Depositor or the Servicer, as the case may be, in trust for the benefit of the Indenture Trustee on behalf of the Noteholders and the Insurer. In the event that any such original document is required pursuant to the terms of this Section to be a part of a Mortgage File, such document shall be delivered promptly to the Indenture Trustee. Any such original document delivered to or held by the Issuer, the Depositor or the Sponsor that is not required pursuant to the terms of this Section to be a part of a Mortgage File, shall be delivered promptly to the Servicer. (e) The Depositor herewith delivers to the Indenture Trustee for the benefit of the Noteholders and the Insurer an executed copy of the Unaffiliated Seller's Agreement. In addition to the foregoing, the Depositor shall cause the Insurer to deliver the Policy to the Indenture Trustee for the benefit of the Noteholders.

Mortgage Files and Documents. (a) In connection with each transfer and assignment contemplated by Sections Section 2.01 and 2.02 hereof, the Depositor will cause the Sponsor Originator to deliver to, and deposit with, the Indenture Trustee the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned: (i) the original Mortgage Note, endorsed in substantially the following form: "Pay to the order of First Union National Bank, as Indenture Trustee for the registered holders of Emergent HomeGold Home Equity Loan Asset Backed Notes, Series 19971999-41, without recourse," with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Indenture Trustee; (ii) the original Mortgage with evidence of recording thereon, and the original recorded power of attorney, if the Mortgage was executed pursuant to a power of attorney, with evidence of recording thereon or, if such Mortgage or power of attorney has been submitted for recording but has not been returned form the applicable public recording office or is not otherwise available, a copy of such Mortgage or power of attorney, as the case may be, certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (iii) an original Assignment of the Mortgage executed substantially in the following form: "First Union National Bank, as Indenture Trustee for the registered holders of Emergent HomeGold Home Equity Loan Asset Backed Notes, Series 19971999-41"; (iv) the original recorded Assignment or Assignments of the Mortgage showing a complete chain of assignment from the originator to the Person assigning the Mortgage to the Indenture Trustee as contemplated by the immediately preceding clause (iii) or, if any such Assignment has been submitted for recording but has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (v) the original or copies of each assumption, modification, written assurance or substitution agreement, if any; and (vi) except with respect to Mortgage Loans originated in a program which required no title insurance, the original or a copy of the lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as a first or second lien on the Mortgaged Property represented therein as a fee interest vested in the Mortgagor, or in the event such original or copy of title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company. (b) The Depositor shall cause the SponsorOriginator, no later than 30 days following the SponsorOriginator's receipt of original recording information and in any event within one year following the Closing Date, to submit or cause to be submitted for recording, at no expense to the IssuerTrust, the Indenture Trustee or the Insurer, in the appropriate public office for real property records, each Assignment referred to in Sections 2.03(a)(iii) and (iv) above. In the event that any such Assignment is lost or returned unrecorded because of a defect therein, the Depositor shall promptly prepare or cause to be prepared a substitute Assignment or cure or cause to be cured such defect, as the case may be, and thereafter cause each such Assignment to be duly recorded. (c) If any original Mortgage Note referred to in Section 2.03(a)(i) cannot be located, the obligations of the Depositor to cause the Sponsor Originator to deliver such documents shall be deemed to be satisfied upon delivery to the Indenture Trustee of a photocopy of the original of such Mortgage Note, with a Lost Note Affidavit to follow within one Business Day. If any of the documents referred to in Section 2.03(a)(ii), (iii) or (iv) above has as of the Closing Date or Pre-Funded Loan Transfer Date been submitted for recording but either (x) has not been returned from the applicable public recording office or (y) such public recording office has retained the original of such document, the obligations of the Depositor to cause the Sponsor Originator to deliver such documents shall be deemed to be satisfied upon (1) delivery to the Indenture Trustee of a copy of each such document certified by the Sponsor Originator in the case of (x) above or the applicable public recording office in the case of (y) above to be a true and complete copy of the original that was submitted for recording and (2) if such copy is certified by the SponsorOriginator, delivery to the Indenture Trustee promptly upon receipt thereof of either the original or a copy of such document certified by the applicable public recording office to be a true and complete copy of the original. Notice shall be provided to the Indenture Trustee, the Insurer and the Rating Agencies by the Sponsor Originator if delivery pursuant to clause (2) above will be made more than 180 days after the Closing Date or Pre-Funded Loan Transfer Date, as the case may be. If the original or copy of lender's title insurance policy was not delivered pursuant to Section 2.03(a)(vi) aboveabove (if required thereunder), the Depositor shall cause the Sponsor Originator to deliver to the Indenture Trustee, promptly after receipt thereof, the original or a copy of the lender's title insurance policy. The Depositor shall cause the Sponsor Originator to deliver to the Indenture Trustee promptly upon receipt thereof any other original documents constituting a part of a Mortgage File received with respect to any Mortgage Loan, including, but not limited to, any original documents evidencing an assumption or modification of any Mortgage Loan. (d) All original documents relating to the Mortgage Loans that are not delivered to the Indenture Trustee are and shall be held by or on behalf of the IssuerTrust, the SponsorOriginator, the Depositor or the Servicer, as the case may be, in trust for the benefit of the Indenture Trustee on behalf of the Noteholders and the Insurer. In the event that any such original document is required pursuant to the terms of this Section to be a part of a Mortgage File, such document shall be delivered promptly to the Indenture Trustee. Any such original document delivered to or held by the IssuerTrust, the Depositor or the Sponsor Originator that is not required pursuant to the terms of this Section to be a part of a Mortgage File, shall be delivered promptly to the Servicer. (e) The Depositor herewith delivers to the Indenture Trustee for the benefit of the Noteholders and the Insurer an executed copy of the Unaffiliated Seller's Agreement. In addition to the foregoing, the Depositor shall cause the Insurer to deliver the Policy to the Indenture Trustee for the benefit of the Noteholders.

Mortgage Files and Documents. (a) In connection with each transfer and assignment contemplated by Sections Section 2.01 and 2.02 hereof, the Depositor will cause the Sponsor Seller to deliver to, and deposit with, the Indenture Trustee the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned: (i) the original Mortgage Note, endorsed in the following form: "Pay to the order of First Union National Bank, as Indenture Trustee for the registered holders of Emergent Home Equity Loan Asset Backed NotesPass-Through Certificates, Series 1997-43, without recourse," ", with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Indenture Trustee; (ii) the original Mortgage with evidence of recording thereon, and the original recorded power of attorney, if the Mortgage was executed pursuant to a power of attorney, with evidence of recording thereon or, if such Mortgage or power of attorney has been submitted for recording but has not been returned form the applicable public recording office or is not otherwise available, a copy of such Mortgage or power of attorney, as the case may be, certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (iii) an original Assignment of the Mortgage executed in the following form: "First Union National Bank, as Indenture Trustee for the registered holders of Emergent Home Equity Loan Asset Backed NotesPass-Through Certificates, Series 1997-43"; (iv) the original recorded Assignment or Assignments of the Mortgage showing a complete chain of assignment from the originator to the Person assigning the Mortgage to the Indenture Trustee as contemplated by the immediately preceding clause (iii) or, if any such Assignment has been submitted for recording but has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (v) the original or copies of each assumption, modification, written assurance or substitution agreement, if any; and (vi) the original lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as a first lien on the Mortgaged Property represented therein as a fee interest vested in the Mortgagor, or in the event such original title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company. (b) The Depositor shall cause the SponsorSeller, no later than 30 days following the SponsorSeller's receipt of original recording information and in any event within one year following the Closing Date, to submit or cause to be submitted for recording, at no expense to the IssuerTrust Fund, the Indenture Trustee or the Certificate Insurer, in the appropriate public office for real property records, each Assignment referred to in Sections 2.03(a)(iii) and (iv) above. In the event that any such Assignment is lost or returned unrecorded because of a defect therein, the Depositor shall promptly prepare or cause to be prepared a substitute Assignment or cure or cause to be cured such defect, as the case may be, and thereafter cause each such Assignment to be duly recorded. (c) If any original Mortgage Note referred to in Section 2.03(a)(i) cannot be located, the obligations of the Depositor to cause the Sponsor Seller to deliver such documents shall be deemed to be satisfied upon delivery to the Indenture Trustee of a photocopy of the original of such Mortgage Note, with a Lost Note Affidavit to follow within one Business Day. If any of the documents referred to in Section Sections 2.03(a)(ii), (iii) or (iv) above has as of the Closing Date or Pre-Funded Loan Transfer Date been submitted for recording but either (x) has not been returned from the applicable public recording office or (y) such public recording office has retained the original of such document, the obligations of the Depositor to cause the Sponsor Seller to deliver such documents shall be deemed to be satisfied upon (1) delivery to the Indenture Trustee of a copy of each such document certified by the Sponsor Seller in the case of (x) above or the applicable public recording office in the case of (y) above to be a true and complete copy of the original that was submitted for recording and (2) if such copy is certified by the SponsorSeller, delivery to the Indenture Trustee promptly upon receipt thereof of either the original or a copy of such document certified by the applicable public recording office to be a true and complete copy of the original. Notice shall be provided to the Indenture Trustee, the Certificate Insurer and the Rating Agencies by the Sponsor Seller if delivery pursuant to clause (2) above will be made more than 180 days after the Closing Date or Pre-Funded Loan Transfer Date, as the case may be. If the original lender's title insurance policy was not delivered pursuant to Section 2.03(a)(vi) above, the Depositor shall cause the Sponsor Seller to deliver to the Indenture Trustee, promptly after receipt thereof, the original lender's title insurance policy. The Depositor shall cause the Sponsor Seller to deliver to the Indenture Trustee promptly upon receipt thereof any other original documents constituting a part of a Mortgage File received with respect to any Mortgage Loan, including, but not limited to, any original documents evidencing an assumption or modification of any Mortgage Loan. (d) All original documents relating to the Mortgage Loans that are not delivered to the Indenture Trustee are and shall be held by or on behalf of the Issuer, the SponsorSeller, the Depositor or the Servicer, as the case may be, in trust for the benefit of the Indenture Trustee on behalf of the Noteholders Certificateholders and the Certificate Insurer. In the event that any such original document is required pursuant to the terms of this Section to be a part of a Mortgage File, such document shall be delivered promptly to the Indenture Trustee. Any such original document delivered to or held by the Issuer, the Depositor or the Sponsor Seller that is not required pursuant to the terms of this Section to be a part of a Mortgage File, shall be delivered promptly to the Servicer. (e) The Depositor herewith delivers to the Indenture Trustee for the benefit of the Noteholders and the Insurer an executed copy of the Unaffiliated Seller's Agreement. In addition to the foregoing, the Depositor shall cause the Certificate Insurer to deliver the Policy to the Indenture Trustee for the benefit of the NoteholdersCertificateholders.

Mortgage Files and Documents. (a) In connection with each transfer and assignment contemplated by Sections Section 2.01 and 2.02 hereof, the Depositor will cause the Sponsor Originator to deliver to, and deposit with, the Indenture Trustee the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned: (i) the original Mortgage Note, endorsed in substantially the following form: "Pay to the order of First Union National Bank, as Indenture Trustee for the registered holders of Emergent HomeGold Home Equity Loan Asset Backed Notes, Series 19971999-41, without recourse," with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Indenture Trustee; (ii) the original Mortgage with evidence of recording thereon, and the original recorded power of attorney, if the Mortgage was executed pursuant to a power of attorney, with evidence of recording thereon or, if such Mortgage or power of attorney has been submitted for recording but has not been returned form the applicable public recording office or is not otherwise available, a copy of such Mortgage or power of attorney, as the case may be, certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (iii) an original Assignment of the Mortgage executed substantially in the following form: "First Union National Bank, as Indenture Trustee for the registered holders of Emergent HomeGold Home Equity Loan Asset Backed Notes, Series 19971999-41"; (iv) the original recorded Assignment or Assignments of the Mortgage showing a complete chain of assignment from the originator to the Person assigning the Mortgage to the Indenture Trustee as contemplated by the immediately preceding clause (iii) or, if any such Assignment has been submitted for recording but has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (v) the original or copies of each assumption, modification, written assurance or substitution agreement, if any; and (vi) except with respect to Mortgage Loans with an original principal balance of less than $16,000 which were originated prior to 1996 in a program which required no title insurance, the original or a copy of the lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as a first or second lien on the Mortgaged Property represented therein as a fee interest vested in the Mortgagor, or in the event such original or copy of title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company. (b) The Depositor shall cause the SponsorOriginator, no later than 30 days following the SponsorOriginator's receipt of original recording information and in any event within one year following the Closing Date, to submit or cause to be submitted for recording, at no expense to the IssuerTrust, the Indenture Trustee or the Insurer, in the appropriate public office for real property records, each Assignment referred to in Sections 2.03(a)(iii) and (iv) above. In the event that any such Assignment is lost or returned unrecorded because of a defect therein, the Depositor shall promptly prepare or cause to be prepared a substitute Assignment or cure or cause to be cured such defect, as the case may be, and thereafter cause each such Assignment to be duly recorded. (c) If any original Mortgage Note referred to in Section 2.03(a)(i) cannot be locatedlocated (as certified by the Originator), the obligations of the Depositor to cause the Sponsor Originator to deliver such documents shall be deemed to be satisfied upon delivery to the Indenture Trustee of a photocopy of the original of such Mortgage Note, with a Lost Note Affidavit to follow within one Business Day. If any of the documents referred to in Section 2.03(a)(ii), (iii) or (iv) above has as of the Closing Date or Pre-Funded Loan Transfer Date been submitted for recording but either (x) has not been returned from the applicable public recording office or (y) such public recording office has retained the original of such document, the obligations of the Depositor to cause the Sponsor Originator to deliver such documents shall be deemed to be satisfied upon (1) delivery to the Indenture Trustee of a copy of each such document certified by the Sponsor Originator in the case of (x) above or the applicable public recording office in the case of (y) above to be a true and complete copy of the original that was submitted for recording and (2) if such copy is certified by the SponsorOriginator, delivery to the Indenture Trustee promptly upon receipt thereof of either the original or a copy of such document certified by the applicable public recording office to be a true and complete copy of the original. Notice shall be provided to the Indenture Trustee, the Insurer and the Rating Agencies by the Sponsor Originator if delivery pursuant to clause (2) above will be made more than 180 days after the Closing Date or Pre-Funded Loan Transfer Date, as the case may be. If the original or copy of lender's title insurance policy was not delivered pursuant to Section 2.03(a)(vi) aboveabove (if required thereunder), the Depositor shall cause the Sponsor Originator to deliver to the Indenture Trustee, promptly after receipt thereof, the original or a copy of the lender's title insurance policy. The Depositor shall cause the Sponsor Originator to deliver to the Indenture Trustee promptly upon receipt thereof any other original documents constituting a part of a Mortgage File received with respect to any Mortgage Loan, including, but not limited to, any original documents evidencing an assumption or modification of any Mortgage Loan. (d) All original documents relating to the Mortgage Loans that are not delivered to the Indenture Trustee are and shall be held by or on behalf of the IssuerTrust, the SponsorOriginator, the Depositor or the Servicer, as the case may be, in trust for the benefit of the Indenture Trustee on behalf of the Noteholders and the Insurer. In the event that any such original document is required pursuant to the terms of this Section to be a part of a Mortgage File, such document shall be delivered promptly to the Indenture Trustee. Any such original document delivered to or held by the IssuerTrust, the Depositor or the Sponsor Originator that is not required pursuant to the terms of this Section to be a part of a Mortgage File, shall be delivered promptly to the Servicer. (e) The Depositor herewith delivers to the Indenture Trustee for the benefit of the Noteholders and the Insurer an executed copy of the Unaffiliated Seller's Agreement. In addition to the foregoing, the Depositor shall cause the Insurer to deliver the Policy to the Indenture Trustee for the benefit of the Noteholders.

Mortgage Files and Documents. (a) In connection with each transfer and assignment contemplated by Sections 2.01 and 2.02 hereof, the Depositor will cause the Sponsor to deliver to, and deposit with, the Indenture Trustee the following documents or instruments with respect to each Mortgage Loan (a "Mortgage File") so transferred and assigned: (i) the original Mortgage Note, endorsed in the following form: "Pay to the order of First Union National Bank, as Indenture Trustee for the registered holders of Emergent Home Equity Loan Asset Backed Notes, Series 1997-4, without recourse," with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Indenture Trustee; (ii) the original Mortgage with evidence of recording thereon, and the original recorded power of attorney, if the Mortgage was executed pursuant to a power of attorney, with evidence of recording thereon or, if such Mortgage or power of attorney has been submitted for recording but has not been returned form the applicable public recording office or is not otherwise available, a copy of such Mortgage or power of attorney, as the case may be, certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (iii) an original Assignment of the Mortgage executed in the following form: "First Union National Bank, as Indenture Trustee for the registered holders of Emergent Home Equity Loan Asset Backed Notes, Series 1997-4"; (iv) the original recorded Assignment or Assignments of the Mortgage showing a complete chain of assignment from the originator to the Person assigning the Mortgage to the Indenture Trustee as contemplated by the immediately preceding clause (iii) or, if any such Assignment has been submitted for recording but has not been returned from the applicable public recording office or is not otherwise available, a copy of such Assignment certified by the Servicer to be a true and complete copy of the original submitted for recording with the recorded original to be delivered by the Servicer to the Indenture Trustee promptly after receipt thereof; (v) the original or copies of each assumption, modification, written assurance or substitution agreement, if any; and (vi) the original lender's title insurance policy, together with all endorsements or riders that were issued with or subsequent to the issuance of such policy, insuring the priority of the Mortgage as a first lien on the Mortgaged Property represented therein as a fee interest vested in the Mortgagor, or in the event such original title policy is unavailable, a written commitment or uniform binder or preliminary report of title issued by the title insurance or escrow company. (b) The Depositor shall cause the Sponsor, no later than 30 days following the Sponsor's receipt of original recording information and in any event within one year following the Closing Date, to submit or cause to be submitted for recording, at no expense to the IssuerTrust, the Indenture Trustee or the Insurer, in the appropriate public office for real property records, each Assignment referred to in Sections 2.03(a)(iii) and (iv) above. In the event that any such Assignment is lost or returned unrecorded because of a defect therein, the Depositor shall promptly prepare or cause to be prepared a substitute Assignment or cure or cause to be cured such defect, as the case may be, and thereafter cause each such Assignment to be duly recorded. (c) If any original Mortgage Note referred to in Section 2.03(a)(i) cannot be located, the obligations of the Depositor to cause the Sponsor to deliver such documents shall be deemed to be satisfied upon delivery to the Indenture Trustee of a photocopy of the original of such Mortgage Note, with a Lost Note Affidavit to follow within one Business Day. If any of the documents referred to in Section 2.03(a)(ii), (iii) or (iv) above has as of the Closing Date or Pre-Funded Loan Transfer Date been submitted for recording but either (x) has not been returned from the applicable public recording office or (y) such public recording office has retained the original of such document, the obligations of the Depositor to cause the Sponsor to deliver such documents shall be deemed to be satisfied upon (1) delivery to the Indenture Trustee of a copy of each such document certified by the Sponsor in the case of (x) above or the applicable public recording office in the case of (y) above to be a true and complete copy of the original that was submitted for recording and (2) if such copy is certified by the Sponsor, delivery to the Indenture Trustee promptly upon receipt thereof of either the original or a copy of such document certified by the applicable public recording office to be a true and complete copy of the original. Notice shall be provided to the Indenture Trustee, the Insurer and the Rating Agencies by the Sponsor if delivery pursuant to clause (2) above will be made more than 180 days after the Closing Date or Pre-Funded Loan Transfer Date, as the case may be. If the original lender's title insurance policy was not delivered pursuant to Section 2.03(a)(vi) above, the Depositor shall cause the Sponsor to deliver to the Indenture Trustee, promptly after receipt thereof, the original lender's title insurance policy. The Depositor shall cause the Sponsor to deliver to the Indenture Trustee promptly upon receipt thereof any other original documents constituting a part of a Mortgage File received with respect to any Mortgage Loan, including, but not limited to, any original documents evidencing an assumption or modification of any Mortgage Loan. (d) All original documents relating to the Mortgage Loans that are not delivered to the Indenture Trustee are and shall be held by or on behalf of the IssuerTrust, the Sponsor, the Contributor, the Depositor or the Servicer, as the case may be, in trust for the benefit of the Indenture Trustee on behalf of the Noteholders and the Insurer. In the event that any such original document is required pursuant to the terms of this Section to be a part of a Mortgage File, such document shall be delivered promptly to the Indenture Trustee. Any such original document delivered to or held by the IssuerTrust, the Depositor Depositor, the Sponsor or the Sponsor Contributor that is not required pursuant to the terms of this Section to be a part of a Mortgage File, shall be delivered promptly to the Servicer. (e) The Depositor herewith delivers to the Indenture Trustee for the benefit of the Noteholders and the Insurer an executed copy of the Unaffiliated Seller's Agreement. In addition to the foregoing, the Depositor shall cause the Insurer to deliver the Policy to the Indenture Trustee for the benefit of the Noteholders.