Mortgage Loan Liquidated by _________________. (The Company hereby certifies that all proceeds of foreclosure, insurance, condemnation or other liquidation have been finally received and credited to the Collection Account pursuant to the Pooling and Servicing Agreement.)
Mortgage Loan Liquidated by _________________. (The Servicer hereby certifies that all proceeds of the foreclosure, insurance, condemnation or other liquidation have been finally received and credited to the Account pursuant to the Servicing Agreement.)
Mortgage Loan Liquidated by _________________. ([The Master Servicer] [A Servicer] [The Trustee] hereby certifies that all proceeds of the foreclosure, insurance, condemnation or other liquidation have been finally received and credited to _____________________________________. _____ 5. Other (explain): Required Field Header Description customer Value can be constant of '1018' poolnum pool number if available, can be left blank as well loanid EMC loan#, required field loc_code Codes must be mutually agreed upon with custodian. Examples are PDPO= loans released for payoff, FORC = loans released for foreclosure, OLIQ= loans released for repurchase, NLIQ = loans released for non-liquidation/correction. rel_code Codes must be mutually agreed upon with custodian. Examples are 1 = payoff, 2 = foreclosure, 4 = repurchase, 5 = non-liquidation. rel_doclist Can be left blank notation "Name of Person File Being Released To @ Company Name" (i.e. Xxxxxx Xxxxx@EMC) reqstr Can be left blank reqstr_sig Signatory code assigned to requestor, TBD
Mortgage Loan Liquidated by _________________. (The Servicer hereby certifies that all proceeds of the foreclosure, insurance, condemnation or other liquidation have been finally received and credited to the Account pursuant to the Servicing Agreement.) ____ 5. Other (Explain) _________________________________________________: If box 1, 2 or 3 above is checked, and if all or part of the Collateral File was previously released to us, please release to us our previous request and receipt on file with you, as well as any additional documents in your possession relating to the specified Mortgage Loan. If box 4 or 5 above is checked, upon our return of all of the above documents to you, please acknowledge your reception by signing in the space indicated below and returning this form. WASHINGTON MUTUAL BANK, FA By:____________________________ Name:__________________________ Title:___________________________ Acknowledgment of Documents returned to the Owner: EMC MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ _______________ _______________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June 1, 2003, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an account, as an Account pursuant to Section 2.4 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner." All deposits in the account shall be subject to withdrawal therefrom by order signed by the Servicer. You may refuse any deposit which would result in violation of the requirement that the account be fully insured as described below. This letter is submitted to you in duplicate. Please execute and return one original to us. ____________________________ By:____________________________ Name:__________________________ Title:___________________________ The undersigned, as the "Depository," hereby certifies that the above-described account has been established under Account Number _________________, at the office of the Depository indicated above, and agrees to honor withdrawals on such account as provided above. The full amount deposited at any time in the account will be insured by the Federal Deposit Insurance Corporation. ____________________________ (Name of Depository) By:____________________________ Name:__________________________ Title:__...
Mortgage Loan Liquidated by _________________. (The Servicer hereby certifies that all proceeds of foreclosure, insurance, condemnation or other liquidation have been finally received and credited to the Collection Account pursuant to the Pooling and Servicing Agreement.) ____4. Mortgage Loan in Foreclosure. ____5. Other (explain). ____________________________________________________ If box 1, 2 or 3 above is checked, and if all or part of the Custodial File was previously released to us, please release to us our previous request and receipt on file with you, as well as any additional documents in your possession relating to the specified Mortgage Loan. If box 4 or 5 above is checked, upon our return of all of the above documents to you as the Trustee, please acknowledge your receipt by signing in the space indicated below, and returning this form if requested by us. [WXXXX FARGO BANK, N.A.] By: _______________________________________ Name: Title: Date: ACKNOWLEDGED AND AGREED: [WXXXX FARGO BANK, N.A.] By: __________________________________________ Name: Title: Date: With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Depositor and which shall be retained by the Servicer or delivered to and retained by the Custodian:
Mortgage Loan Liquidated by _________________. (The Master Servicer hereby certifies that all proceeds of foreclosure, insurance, condemnation or other liquidation have been finally received.)
Mortgage Loan Liquidated by _________________. (The Servicer hereby certifies that all proceeds of foreclosure, insurance, condemnation or other liquidation have been finally received and credited to the Collection Account pursuant to the Pooling and Servicing Agreement.) ____4. Mortgage Loan in Foreclosure. ____5. Other (explain). ________________________________________________ If box 1, 2 or 3 above is checked, and if all or part of the Custodial File was previously released to us, please release to us our previous request and receipt on file with you, as well as any additional documents in your possession relating to the specified Mortgage Loan. If box 4 or 5 above is checked, upon our return of all of the above documents to you as the Trustee, please acknowledge your receipt by signing in the space indicated below, and returning this form if requested by us. [OPTION ONE MORTGAGE CORPORATION] By:_______________________________ Name: Title: Date: ACKNOWLEDGED AND AGREED: [XXXXX FARGO BANK, N.A.] By: ___________________________________ Name: Title: Date: With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Depositor and which shall be retained by the Servicer or delivered to and retained by the Custodian:
(a) The documents or instruments set forth as items (i) to (ix) in Section 2.01(b) of the Pooling and Servicing Agreement.
(b) Residential loan application.
(c) Mortgage Loan closing statement.
(d) Verification of employment and income.
(e) Verification of acceptable evidence of source and amount of downpayment.
(f) Credit report on Mortgagor.
(g) Residential appraisal report.
(h) Photograph of the Mortgaged Property.
(i) Survey of the Mortgaged Property.
(j) Copy of each instrument necessary to complete identification of any exception set forth in the exception schedule in the title policy, i.e., map or plat, restrictions, easements, sewer agreements, home association declarations, etc.
(k) All required disclosure statements and statement of Mortgagor confirming receipt thereof.
(l) If available, termite report, structural engineer’s report, water potability and septic certification.
(m) Sales contract, if applicable.
(n) Hazard insurance policy.
(o) Tax receipts, insurance premium receipts, ledger sheets, payment history from date of origination, insurance claim files, correspondence, current and historical computerized data files, and all other processing, underwriting and closing papers and records which a...
Mortgage Loan Liquidated by _________________. ([The Master Servicer] [A Servicer] [The Trustee] hereby certifies that all proceeds of the foreclosure, insurance, condemnation or other liquidation have been finally received and credited to _____________________________________. _____ 5. Other (explain): EXHIBIT FIVE ELECTRONIC RELEASE REQUEST (Excel) ---------------------------------- ------------------------------ ----------------------------------------------- Collateral Release Tasks ------------------------------ ----------------------------------------------- ------------------------------ ----------------------------------------------- Required Field Header Description ------------------------------ ----------------------------------------------- ------------------------------ ----------------------------------------------- CUSTOMER Value can be constant of '1018' ------------------------------ ----------------------------------------------- ------------------------------ ----------------------------------------------- POOLNUM pool number if available, can be left blank as well ------------------------------ ----------------------------------------------- ------------------------------ ----------------------------------------------- LOANID EMC loan#, required field ------------------------------ ----------------------------------------------- ------------------------------ ----------------------------------------------- LOC_CODE Codes must be mutually agreed upon with custodian. Examples are PDPO= loans released for payoff, FORC = loans released for foreclosure, OLIQ= loans released for repurchase, NLIQ = loans released for non-liquidation/correction. ------------------------------ ----------------------------------------------- ------------------------------ ----------------------------------------------- REL_CODE Codes must be mutually agreed upon with custodian. Examples are 1 = payoff, 2 = foreclosure, 4 = repurchase, 5 = non-liquidation. ------------------------------ ----------------------------------------------- ------------------------------ ----------------------------------------------- REL_DOCLIST Can be left blank ------------------------------ ----------------------------------------------- ------------------------------ ----------------------------------------------- NOTATION "Name of Person File Being Released To @ Company Name" (i.e. Xxxxxx Xxxxx@EMC) ------------------------------ ----------------------------------------------- ------------------------------ --------------------...
Mortgage Loan Liquidated by _________________. (The Servicer hereby certifies that all proceeds of foreclosure, insurance, condemnation or other liquidation have been finally received.) _______ 3. Mortgage Loan in Foreclosure. _______ 4. Other (explain). ________________________________________ If item 1 or 2 above is checked, and if all or part of the Trustee Mortgage Loan File was previously released to us, please release to us our previous request and receipt on file with you, as well as any additional documents in your possession relating to the specified Mortgage Loan. If item 3 or 4 above is checked, upon our return of all of the above documents to you as the Trustee or Custodian, please acknowledge your receipt by signing in the space indicated below, and returning this form. Capitalized terms used herein but not defined herein have the meanings ascribed to them in the Pooling and Servicing Agreement. BOMBARDIER CAPITAL INC., as Servicer By:______________________________________ Name: _______________________________ Title: _______________________________ Date: _______________________________ Acknowledgment of Documents returned to the Trustee or Custodian: NAME OF TRUSTEE OR CUSTODIAN By:______________________________________ Name: _______________________________ Title: _______________________________ Date: _______________________________
Mortgage Loan Liquidated by _________________. ([The Master Servicer] [The Trustee] hereby certifies that all proceeds of the foreclosure, insurance, condemnation or other liquidation have been finally received and credited to _____________________________________. _____ 5. Other (explain): 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up servicer for the pool assets are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. 1122(d)(2)(i) Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances are made, reviewed and approved as specified in the transaction agreements. 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of overcollateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institutions” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including...
