Common use of Mortgage Loan Files Clause in Contracts

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. Section 2.01. Mortgage Loan Files (a) Pursuant to the Trust Agreement, the Depositor Saxon has sold to the Trustee, for the benefit of the Certificateholders, Certificateholders without recourse all the right, title and interest of the Depositor Saxon in and to the Initial Mortgage Loans, any and all rights, privileges and benefits accruing to Saxon under the Depositor under each Assignment Agreement, each Sale Agreement, Sales Agreement and each Servicing Agreement with respect to the Initial Mortgage LoansLoans (except, in the case of the Sales Agreement, any rights of Saxon to fees and indemnification by the Seller under such Agreement), including the rights and remedies with respect to the enforcement of any and all representations, warranties and covenants under such agreements 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 sale includes all of the Depositor’s Saxon's rights to Monthly Payments on the Initial Mortgage Loans due after the Cut-off Off Date, and all other payments of principal (and interest) made on or after the Cut-off Off Date that are reflected in the initial aggregate Certificate Principal Balance for of the Certificates issued pursuant to the Trust Agreement (other than amounts deposited in a TrustPre-Funding Account). In connection with such transfer and assignmentsale, the Depositor Saxon shall deliver, or has caused cause to be delivered, to the Trustee or the related Custodian on or before the Closing Date, a Trustee Mortgage Loan File with respect to each Initial Mortgage Loan, the Trustee Mortgage Loan File that was delivered to such Custodian by the Servicer. If any Mortgage Security Instrument or an assignment of a Mortgage Security Instrument to the Trustee related Servicer, the Trustee, or the Custodian, as applicable, or any prior intervening assignment is in the process of being recorded on the Closing Date, the Depositor Saxon shall cause each such original recorded document document, or a certified copy thereof, to be delivered to the Trustee or the related Custodian promptly following its recordation and return recordation. Saxon also shall cause to be delivered to the Depositor. The Depositor hereby directs Custodian any other original Mortgage Loan Documents to be included in the Trustee and Mortgage Loan File if a copy thereof initially was delivered. Saxon has delivered or caused to be delivered to each Servicer, on or before the Securities AdministratorClosing Date, not a Servicer File with respect to each Initial Mortgage Loan serviced by such Servicer. All such documents shall be held by such Servicer in their individual capacities but solely in such capacities, trust for the benefit of the Trustee on behalf of the Certificateholders. (b) Pursuant to enter into the Supplemental Trust Agreement, Saxon may sell to make the Trustee, for the benefit of the Certificateholders without recourse all the right, title and interest of Saxon in and to the Subsequent Mortgage Loans, any representations and all rights, privileges and benefits accruing to Saxon under the Subsequent Sales Agreements and the Servicing Agreement with respect to the Mortgage Loans (except, in the case of the Subsequent Sales Agreement, any rights of Saxon to fees and indemnification by the Seller under such Agreement), 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 such party the Certificateholders as set forth therein in the conveyance clause of the Trust Agreement. Any such sale shall include all Saxon's rights to Monthly Payments on the Subsequent Mortgage Loans due after the applicable Subsequent Cut-Off Date, and all other payments of principal (and interest) made on or after the applicable Subsequent Cut-Off Date that are reflected in the purchase price therefor. In connection with any such sale, Saxon shall deliver, or cause to perform their respective obligations thereunderbe delivered, to the Trustee or the Custodian on or before the applicable Subsequent Sales Date, a Trustee Mortgage Loan File with respect to each Mortgage Loan. If any Security Instrument or assignment of a Security Instrument to the related Servicer, the Trustee, or the Custodian, as applicable, or any intervening assignment is in the process of being recorded on the applicable Subsequent Sales Date, Saxon shall cause each such original recorded document, or a certified copy thereof, to be delivered to the Custodian promptly following its recordation. Saxon also shall cause to be delivered to the Custodian any other original Mortgage Loan Documents to be included in the Trustee Mortgage Loan File if a copy thereof initially was delivered. Saxon will deliver or cause to be delivered to each Servicer, on or before the applicable Subsequent Sales Date, a Servicer File with respect to each Mortgage Loan serviced by such Servicer. All such documents shall be held by such Servicer in trust for the benefit of the Trustee on behalf of the Certificateholders.

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 Custodial 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, and (solely in the case of the Trustee) each Step 2 Assignment Agreement, to make any representations and warranties of such party set forth therein and to perform their respective obligations thereunder.

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, the Exchange Agreement, to make any representations and warranties of such party set forth therein and to perform their respective obligations thereunder.

Mortgage Loan Files. Pursuant to the Trust Agreement, the Depositor has sold to the Trustee, for the benefit of the Certificateholders, [Delaware] 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 has caused to be delivered, to the [Delaware] 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 [Delaware] 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 [Delaware] Trustee or the related Custodian promptly following its recordation and return to the Depositor. The Depositor hereby directs the [Delaware] 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. 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 Custodial 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 and (solely in the case of the Trustee) each Step 2 Assignment Agreement, to make any representations and warranties of such party set forth therein and to perform their respective obligations thereunder.

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 the Assignment Agreement, each the Custodial Agreement and the 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 the 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 AdministratorTrustee, not in their its individual capacities but solely in such capacitiescapacity, to enter into the Supplemental Trust Assignment Agreement, to make any representations and warranties of such party set forth therein and to perform their its respective obligations thereunder.

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, and (solely in the case of the Trustee) each of the Step 2 Assignment Agreements, to make any representations and warranties of such party set forth therein and to perform their respective obligations thereunder.

Mortgage Loan Files. Section 2.01. Mortgage Loan Filesan Files (a) Pursuant to the Trust Agreement, the Depositor Saxon has sold to the Trustee, for the benefit of the Certificateholders, Certificateholders without recourse all the right, title and interest of the Depositor Saxon in and to the Initial Mortgage Loans, any and all rights, privileges and benefits accruing to Saxon under the Depositor under each Assignment Agreement, each Sale Agreement, Sales Agreement and each Servicing Agreement with respect to the Initial Mortgage LoansLoans (except, in the case of the Sales Agreement, any rights of Saxon to fees and indemnification by the Seller under such Agreement), including the rights and remedies with respect to the enforcement of any and all representations, warranties and covenants under such agreements 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 sale includes all of the Depositor’s Saxon's rights to Monthly Payments on the Initial Mortgage Loans due after the Cut-off Off Date, and all other payments of principal (and interest) made on or after the Cut-off Off Date that are reflected in the initial aggregate Certificate Principal Balance for of the Certificates issued pursuant to the Trust Agreement (other than amounts deposited in a TrustPre-Funding Account). In connection with such transfer and assignmentsale, the Depositor Saxon shall deliver, or has caused cause to be delivered, to the Trustee or the related Custodian on or before the Closing Date, a Trustee Mortgage Loan File with respect to each Initial Mortgage Loan, the Trustee Mortgage Loan File that was delivered to such Custodian by the Servicer. If any Mortgage Security Instrument or an assignment of a Mortgage Security Instrument to the Trustee related Servicer, the Trustee, or the Custodian, as applicable, or any prior intervening assignment is in the process of being recorded on the Closing Date, the Depositor Saxon shall cause each such original recorded document document, or a certified copy thereof, to be delivered to the Trustee or the related Custodian promptly following its recordation and return recordation. Saxon also shall cause to be delivered to the Depositor. The Depositor hereby directs Custodian any other original Mortgage Loan Documents to be included in the Trustee and Mortgage Loan File if a copy thereof initially was delivered. Saxon has delivered or caused to be delivered to each Servicer, on or before the Securities AdministratorClosing Date, not a Servicer File with respect to each Initial Mortgage Loan serviced by such Servicer. All such documents shall be held by such Servicer in their individual capacities but solely in such capacities, trust for the benefit of the Trustee on behalf of the Certificateholders. (b) Pursuant to enter into the Supplemental Trust Agreement, Saxon may sell to make the Trustee, for the benefit of the Certificateholders without recourse all the right, title and interest of Saxon in and to the Subsequent Mortgage Loans, any representations and all rights, privileges and benefits accruing to Saxon under the Subsequent Sales Agreements and the Servicing Agreement with respect to the Mortgage Loans (except, in the case of the Subsequent Sales Agreement, any rights of Saxon to fees and indemnification by the Seller under such Agreement), 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 such party the Certificateholders as set forth therein in the conveyance clause of the Trust Agreement. Any such sale shall include all Saxon's rights to Monthly Payments on the Subsequent Mortgage Loans due after the applicable Subsequent Cut-Off Date, and all other payments of principal (and interest) made on or after the applicable Subsequent Cut-Off Date that are reflected in the purchase price therefor. In connection with any such sale, Saxon shall deliver, or cause to perform their respective obligations thereunderbe delivered, to the Trustee or the Custodian on or before the applicable Subsequent Sales Date, a Trustee Mortgage Loan File with respect to each Mortgage Loan. If any Security Instrument or assignment of a Security Instrument to the related Servicer, the Trustee, or the Custodian, as applicable, or any intervening assignment is in the process of being recorded on the applicable Subsequent Sales Date, Saxon shall cause each such original recorded document, or a certified copy thereof, to be delivered to the Custodian promptly following its recordation. Saxon also shall cause to be delivered to the Custodian any other original Mortgage Loan Documents to be included in the Trustee Mortgage Loan File if a copy thereof initially was delivered. Saxon will deliver or cause to be delivered to each Servicer, on or before the applicable Subsequent Sales Date, a Servicer File with respect to each Mortgage Loan serviced by such Servicer. All such documents shall be held by such Servicer in trust for the benefit of the Trustee on behalf of the Certificateholders.