Mortgage Loan Files Sample Clauses

Mortgage Loan Files. Section 9.1 Owner Mortgage Loan Files and Retained Mortgage Loan Files

Mortgage Loan Files. Section 9.1 Owner Mortgage Loan Files and Retained Mortgage Loan Files... .. 9.1.1. Owner Mortgage Loan File and Retained Mortgage Loan File Requirements................................................ 9.1.2. Custodian................................................... 9.1.3. Release of Documents from Owner Mortgage Loan File or Retained Mortgage Loan File................................. 9.1.4. Execution by Trustee........................................ 9.1.5. Representing Party Officers' Certificate.................... 9.1.6.

Mortgage Loan Files. Pursuant to the Trust Agreement, the Depositor has sold to the Trustee without recourse all the right, title and interest of the Depositor in and to the Mortgage Loans, any and all rights, privileges and benefits accruing to the Depositor under each Assignment Agreement, each Sale Agreement, and each Servicing Agreement with respect to the Mortgage Loans, including the rights and remedies with respect to the enforcement of any and all representations, warranties and covenants under such agreements and all other agreements and assets included or to be included in the Trust for the benefit of the Certificateholders as set forth in the conveyance clause of the Trust Agreement. Such assignment includes all of the Depositor’s rights to Monthly Payments on the Mortgage Loans due after the Cut-off Date, and all other payments of principal (and interest) made on or after the Cut-off Date that are reflected in the initial aggregate Certificate Balance for a Trust. In connection with such transfer and assignment, the Depositor shall deliver, or cause to be delivered, to the Trustee or the Custodian on or before the Closing Date, with respect to each Mortgage Loan, the Trustee Mortgage Loan File that was delivered to such Custodian by the Servicer. If any Mortgage or an assignment of a Mortgage to the Trustee or any prior assignment is in the process of being recorded on the Closing Date, the Depositor shall cause each such original recorded document or certified copy thereof, to be delivered to the Trustee or the related Custodian promptly following its recordation and return to the Depositor.

Mortgage Loan Files. Pursuant to the Trust Agreement, the Depositor has sold to the Trustee, for the benefit of the Certificateholders, without recourse all the right, title and interest of the Depositor in and to the Mortgage Loans, any and all rights, privileges and benefits accruing to the Depositor under each Assignment Agreement, each Sale Agreement, and each Servicing Agreement with respect to the Mortgage Loans, including the rights and remedies with respect to the enforcement of any and all representations, warranties and covenants under such agreements and all other agreements and assets included or to be included in the Trust for the benefit of the Certificateholders as set forth in the conveyance clause of the Trust Agreement. Such assignment includes all of the Depositor’s rights to Monthly Payments on the Mortgage Loans due after the Cut-off Date, and all other payments of principal (and interest) made on or after the Cut-off Date that are reflected in the initial aggregate Certificate Balance for a Trust. In connection with such transfer and assignment, the Depositor shall deliver, or has caused to be delivered, to the Trustee or the related Custodian on or before the Closing Date, with respect to each Mortgage Loan, the Trustee Mortgage Loan File that was delivered to such Custodian by the Servicer. If any Mortgage or an assignment of a Mortgage to the Trustee or any prior assignment is in the process of being recorded on the Closing Date, the Depositor shall cause each such original recorded document or certified copy thereof, to be delivered to the Trustee or the related Custodian promptly following its recordation and return to the Depositor. The Depositor hereby directs the Trustee and the Securities Administrator, not in their individual capacities but solely in such capacities, to enter into the Supplemental Trust Agreement, to make any representations and warranties of such party set forth therein and to perform their respective obligations thereunder.

Mortgage Loan Files. Except as expressly permitted or required hereunder, and subject to the provisions of Section 5.11, at all times after the Purchase Date for any Participated Mortgage Loan, Seller shall have and maintain in its direct custody and possession the Mortgage File for such Participated Mortgage Loan.

Mortgage Loan Files. 16 Section 2.01. Mortgage Loan Files......................................................................16 Section 2.02. Acceptance by the Trustee..............................................................

Mortgage Loan Files. 1. Seller shall cause the prior servicer or subservicer, as applicable, to deliver to Purchaser all mortgage loan files, working files and origination files 2 days prior to the Transfer Date. Berkadia encourages the transfer of loan documents in electronic format. If loan documents are to be sent electronically, please see Section G of these Transfer Instructions. If electronic format is not possible, file shipments are to be accompanied with an inventory listing itemizing the loan numbers and type of file contained in each box. Files will contain but not be limited copies of the following: · Mortgage Note · Loan Agreement (if applicable) · Recorded Mortgage/Deed of Trust with Legal Description · Mortgage Assignments · Title Insurance Policy · Any Modifications · All related UCC filings, continuations, amendments and assignments · Cash Management/Lockbox Agreements · Reserve/Escrow Agreements · Any correspondence or notices regarding ARM loans · Financial Statements · Property Inspections · Original Appraisal · Phase I environmental report · Paid real estate tax receipts · Current hazard insurance policies · Letters of Credit · Copies of any Lease · Copies of all current CREFC Operating Statement Analysis Reports and CREFC NOI Adjustment Worksheet

Mortgage Loan Files. 1. Seller shall cause the prior servicer or subservicer, as applicable, to deliver to Purchaser all mortgage loan files, working files and origination files 2 days prior to the Transfer Date. Berkadia encourages the transfer of loan documents in electronic format. If loan documents are to be sent electronically, please see Section G of these Transfer

Mortgage Loan Files. Owner Mortgage Loan Files and Retained Mortgage Loan Files ......

Mortgage Loan Files. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2.04 AND ARTICLE III, THE PURCHASER UNDERSTANDS AND ACKNOWLEDGES THAT THE MORTGAGE LOAN FILES WERE NOT PREPARED FOR THE PURCHASER OR TO BE RELIED UPON BY THE PURCHASER, THAT THE MORTGAGE LOAN FILES MAY BE INCOMPLETE OR OUTDATED OR MAY CONTAIN ERRORS, OMISSIONS OR INACCURATE AND CONFLICTING INFORMATION, AND THAT NONE OF THE SELLERS OR THE SELLER REPRESENTATIVE HAS ATTEMPTED TO VERIFY, CORRECT OR RECONCILE THE INFORMATION IN THE MORTGAGE LOAN FILES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2.04 AND ARTICLE III, THE PURCHASER IS ASSUMING ALL RISKS RELATED TO THE ACCURACY AND COMPLETENESS OF THE MORTGAGE LOAN FILES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2.04 AND ARTICLE III, PURCHASER UNDERSTANDS AND ACKNOWLEDGES THAT ANY REPORT OR DOCUMENT IN THE MORTGAGE LOAN FILES THAT MAY BE PROVIDED BY THE SELLERS IS BEING PROVIDED WITHOUT REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY OR SUFFICIENCY OF THE FACTS, ASSUMPTIONS OR CONCLUSIONS CONTAINED THEREIN. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2.04 AND ARTICLE III, THE PURCHASER HEREBY WAIVES, RELEASES AND AGREES NEVER TO ASSERT ANY CLAIMS AGAINST ANY SELLER, THEIR RESPECTIVE AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES OR THE PREPARERS OF THE MORTGAGE LOAN FILES THAT COULD BE BASED UPON RELIANCE ON THE MORTGAGE LOAN FILES.