Common use of Mortgage Loan Liquidated by _________________ Clause in Contracts

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:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Bear Stearns Asset Backed Securities Inc)

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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:___________________________ ToWashington Mutual Bank, FA (the “Servicer”) hereby certifies that it has established an account meeting the requirements of Section 2.4 of the Servicing Agreement dated as of September 1, 2003, between the Owner and the Servicer named therein. Title of Account: “Washington Mutual Bank, FA, in trust for Xxxxxx Brothers Bank, FSB, as Owner, and any successor Owner.” Account Number: ________________________________ Address of office or branch of the Servicer at which Collection Account is maintained: ________________________________ _______________ __________________ ________________________________ By:______________________________________ Name:____________________________________ Title:_____________________________________ To: _________________________ _________________________ _________________________ _________________________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June September 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 CorporationXxxxxx Brothers Bank, FSB, 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:_____________________________________ Washington Mutual Bank, FA (the “Servicer”) hereby certifies that it has established an account meeting the requirements of Section 2.6 of the Servicing Agreement dated as of September 1, 2003, between the Servicer and the Owner named therein. Title of Escrow Account: “Washington Mutual Bank, FA, in trust for Xxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors.” Account Number: _________________________________ Address of office or branch of the Servicer at which Escrow Account is maintained: _________________________________ _________________________________ _________________________________ By:______________________________________ Name:____________________________________ Title:_____________________________________ To: _________________________ _________________________ _________________________ _________________________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June September 1, 2003, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an account, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage CorporationXxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:_____________________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June September 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation Xxxxxx Brothers Bank, FSB (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-7)

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 BANK By:: Name: Title: Acknowledgment of Documents returned to the Owner: [_____________________________] By: Name: Title: Date: EXHIBIT B ACCOUNT LETTER AGREEMENT _______________, ______ NameTo:__________________________ 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_________________, 2003200_, 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 that 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:__________________________________ EXHIBIT C ESCROW ACCOUNT LETTER AGREEMENT ____________________, ___ To: ::________________________________ ________________________________ ________________________________ ________________________________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June 1_________________, 2003200_, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an account, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation___________________________, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement shall be subject to withdrawal therefrom by order signed by the Servicer. You may refuse any deposit which that would result in violation of the requirement that the account by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __EXHIBIT D SERVICING CRITERIA The assessment of compliance to be delivered by [the Servicer] [Name of Subservicer] shall address the criteria identified as below as "Applicable Servicing Criteria": ---------------------------------------------------------------------------------------------------------------------- Applicable Servicing Servicing Criteria Criteria ---------------------------------------------------------------------------------------------------------------------- Reference Criteria ---------------------------------------------------------------------------------------------------------------------- General Servicing Considerations ---------------------------------------------------------------------------------------------------------------------- Policies and procedures are instituted to monitor any performance or X other triggers and events of default in accordance with the transaction agreements. 200_1122(d)(1)(i) ---------------------------------------------------------------------------------------------------------------------- 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, X policies and procedures are instituted to monitor the third party's performance and compliance with such servicing activities. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1---------------------------------------------------------------------------------------------------------------------- 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up servicer for the mortgage loans are maintained. DEFINITIONS 1 ARTICLE 2---------------------------------------------------------------------------------------------------------------------- 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the X 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. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1---------------------------------------------------------------------------------------------------------------------- Cash Collection and Administration ---------------------------------------------------------------------------------------------------------------------- 1122(d)(2)(i) Payments on mortgage loans are deposited into the appropriate custodial X 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. Sale ---------------------------------------------------------------------------------------------------------------------- 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an X investor are made only by authorized personnel. ---------------------------------------------------------------------------------------------------------------------- 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or X distributions, and Conveyance any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. ---------------------------------------------------------------------------------------------------------------------- D-1 Applicable Servicing Servicing Criteria Criteria ---------------------------------------------------------------------------------------------------------------------- Reference Criteria ---------------------------------------------------------------------------------------------------------------------- 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of Mortgage Loans; Possession overcollateralization, are separately maintained (e.g., with respect to commingling of Files 8 Section 2.2cash) as set X forth in the transaction agreements. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11---------------------------------------------------------------------------------------------------------------------- 1122(d)(2)

Appears in 1 contract

Samples: Servicing Agreement (Luminent Mortgage Trust 2007-1)

Mortgage Loan Liquidated by _________________. (The Servicer requestor hereby certifies that all proceeds of the foreclosure, insurance, condemnation or other liquidation have been finally received and credited to the Collection Account pursuant to the Servicing Trust Agreement.) _______ 4. Mortgage Loan in Foreclosure. _______ 5. Other (Explain) _________________________________________________: explain). If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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. Capitalized terms not defined herein shall have the meanings set forth in the Trust Agreement, dated as of March 1, 2007 (the "Trust Agreement"), between BCAP LLC, as depositor, Wells Fargo Bank, N.A., as custodian, and Deutsche Bank National Trust Xxxxxny, as trustee. I, the undersigned, hereby certify that the above statements are true and correct and set my name hereof on this __ day of ___________, 200_. [REQUESTOR] By: _____________________________________ Name: Title: If box 4 or 5 above is checked, upon our return of all of the above documents to youyou as the trustee, please acknowledge your reception receipt by signing in the space indicated below below, and returning this form, if requested. WASHINGTON MUTUAL WELLS FARGO BANK, FA N.A., as a Custodian By: ______________________________ Name: Title EXHIBIT E FORM OF INITIAL CERTIFICATION OF CUSTODIAN [date] [Depositor] Wells Fargo Bank, National Association 1 Home Campus MAC X2401-06T Des Xxxxxs, Iowa 50328-0001 Deutsche Bank National Trust Company 1761 Xxxx Xx. Xxxxxx Xxxxx Xxxxx Ana, California 92705 Countrywide Hoxx Xxxxx, Xxx. 0000 Xxxx Granada Calabasas, California 91302 Attn: Mr. Darren Bigby Xx: Xxxxx Xxxxxxxxx, xxxxx xx xx Xxxxx 1, 2000, xxxxx XXXX XXC, as depositor, Wells Fargo Bank, National Association, as custodian and Dexxxxxe Bank National Trust Company, as trustee Ladies and Gentlemen: In accordance with Section 2.02 of the above-captioned Trust Agreement (the "Trust Agreement"), the undersigned, as Custodian, certifies that it has received: (i) the original Mortgage Note, endorsed as provided in the following form: "Pay to the order of ________, without recourse"; and (ii) except with respect to a MERS Loan, an executed Assignment of the Mortgage (which may be included in a blanket assignment or assignments). Based on its review and examination and only as to the foregoing documents, such documents appear regular on their face and related to such Mortgage Loan. The Custodian has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the Trust Agreement. The Custodian makes no representations as to: (i) the validity, legality, sufficiency, enforceability, recordability or genuineness of any of the documents contained in each Mortgage File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectability, insurability, effectiveness or suitability of any such Mortgage Loan or the perfection or priority of any Mortgage. Notwithstanding anything herein to the contrary, the Custodian has made no determination and makes no representations as to whether (i) any endorsement is 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 (ii) any assignment is in recordable form or sufficient to effect the assignment of and transfer to the assignee thereof, under the Mortgage to which the assignment relates. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the Trust Agreement. WELLS FARGO BANK, N.A. By:____________________________ Name:__________________________ Title:___________________________ Acknowledgment of Documents returned to the Owner: EMC MORTGAGE CORPORATION By:____________________________ Name:: Title: EXHIBIT F FORM OF DOCUMENT CERTIFICATION AND EXCEPTION REPORT OF CUSTODIAN [date] [Depositor] [Servicer] [Original Loan Seller] __________________________ 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:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Trust Agreement (BCAP LLC Trust 2007-Aa2)

Mortgage Loan Liquidated by _________________. ([The Servicer 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 the Account pursuant to the Servicing Agreement.) ____ 5. Other (Explain) _____________________________________. By: (authorized signer) Issuer: Address: Date: 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 Amend 0 = new release request, 1= amend an existing released record (i.e. FORC to PDPO) This certificate is being delivered pursuant to Section [____________: If box 1, 2 or 3 above is checked, and if all or part ] of the Collateral File was previously released to usPooling and Servicing Agreement, 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 September 1, 2003, between the Servicer and the Owner named therein 2005 (the "Agreement"), we hereby authorize and request you to establish an accountamong Bear Xxxxxxx Asset Backed Securities I LLC, 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:___________________________ To: _______________ _______________ _______________ _______________ depositor (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"“Depositor”), we hereby authorize and request you to establish an account, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation as seller (in that capacity, the “Seller”), LaSalle Bank National Association as master servicer (in such capacity, the “Master Servicer”) and as trustee (the "Owner") to “Trustee”). Capitalized terms used herein and not otherwise defined have the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information meanings set forth in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3Agreement. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Namecertify that:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Saco I Trust, 2005-Wm2)

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 Agreementreceived.) _______ 53. Mortgage Loan in Foreclosure. _______ 4. Other (Explain) explain). _________________________________________________: _ If box 1, 2 item 3 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 youyou as the Trustee or Custodian, please acknowledge your reception receipt by signing in the space indicated below below, and returning this form. WASHINGTON MUTUAL BANKCapitalized terms used herein but not defined herein have the meanings ascribed to them in the Pooling and Servicing Agreement. BOMBARDIER CAPITAL INC., FA as Servicer By:____________________________ : ---------------------------- Name:__________________________ : --------------------- Title:___________________________ : -------------------- Date: --------------------- Acknowledgment of Documents returned to the OwnerTrustee or Custodian: EMC NAME OF TRUSTEE OR CUSTODIAN By: ---------------------------- Name: --------------------- Title: -------------------- Date: --------------------- Exhibit 4 - Page 2 116 EXHIBIT 5 RULE 144A AGREEMENT--QIB CERTIFICATION BOMBARDIER CAPITAL MORTGAGE CORPORATION By:_________________________SECURITIZATION CORPORATION, SERIES 19___-___ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ __________PASS-THROUGH CERTIFICATES, CLASS _____ _______________ (DATE) [Name and Address of the Trustee] Bombardier Capital Mortgage Securitization Corporation Bombardier Capital Inc. 1600 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Xxdies and Gentlemen: In connection with the purchase on the date hereof of the captioned securities (the "DepositoryPurchased Certificates"), the undersigned (the "Transferee") As hereby certifies and covenants to the transferor, Bombardier Capital Mortgage Securitization Corporation (the "Company"), the Servicer, the Trustee and the Trust as follows: 1. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") promulgated under the Securities Act of 1933, as amended (the "1933 Act") and has completed the form of certification to that effect attached hereto as Annex A1 (if the Transferee is not a registered investment company) or Annex A2 (if the Transferee is a registered investment company). The Transferee is aware that the sale to it is being made in reliance on Rule 144A. 2. The Transferee understands that the Purchased Certificates have not been registered under the 1933 Act or registered or qualified under any state securities laws and that no transfer may be made unless the Purchased Certificates are registered under the 1933 Act and under applicable state law or unless an exemption from such registration is available. The Transferee further understands that neither the Company, the Servicer, the Trustee nor the Trust is under any obligation to register the Purchased Certificates or make an exemption from such registration available. 3. The Transferee is acquiring the Purchased Certificates for its own account or for the account of a "qualified institutional buyer" (as defined in Rule 144A, a "QIB"), and understands that 4. The Transferee has been furnished with all information that it requested regarding (a) the Purchased Certificates and distributions thereon and (b) the Pooling and Servicing Agreement referred to below. 5. If applicable, the Transferee has complied, will comply in all material respects with applicable regulatory guidelines relating to the ownership of mortgage derivative products. All capitalized terms used but not otherwise defined herein have the respective meanings assigned thereto in the Pooling and 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:1, 19____________________________ Name:__________________________ Title:___________________________ The undersigned, as which incorporates by reference the "Depository," hereby certifies that Standard Terms thereto (July 1998 Edition), among the above-described account has been established under Account Number ______Company, Bombardier Capital Inc. and ___________, at the office of the Depository indicated aboveas Trustee, 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:___________________________ 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 Escrow Account pursuant to Section 2.6 of which the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain MortgagorsPurchased Certificates were issued." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)

Mortgage Loan Liquidated by _________________. (The Servicer Company hereby certifies that all proceeds of the 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) _________________________________________________: explain). If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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 youyou as the Trustee, please acknowledge your reception receipt by signing in the space indicated below below, and returning this form, if requested. WASHINGTON MUTUAL BANKDEUTSCHE BANK NATIONAL TRUST COMPANY, FA not in its individual capacity, but solely as Trustee By:____________________________ : ------------------------------------- Name:__________________________ : Title:___________________________ Acknowledgment of Documents returned to the Owner: EMC EXHIBIT V-1 ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT, DATED AS OF MARCH 30, 2005, BETWEEN THE PURCHASER, GREENPOINT MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ _______________ _______________ (the "Depository") As the "Servicer" under the Servicing Agreement dated FUNDING, INC. AND THE DEPOSITOR ================================================================================ ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT among GS MORTGAGE SECURITIES CORP., as Assignor DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE as Assignee and GREENPOINT MORTGAGE FUNDING, INC. as Servicer Dated as of June March 1, 20032005 ================================================================================ ASSIGNMENT, between the Servicer and the Owner named therein ASSUMPTION AND RECOGNITION AGREEMENT ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT made this 1st day of March, 2005 (the this "Assignment Agreement"), we hereby authorize and request you to establish an accountamong GreenPoint Mortgage Funding, 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:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual]Inc., a duly elected and acting officer of Washington Mutual Bank, FA corporation (the "Servicer"), certify pursuant to Section 4.4(b) Deutsche Bank National Trust Company, not in its individual capacity, but solely as trustee on behalf of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation GSAA Home Equity Trust 2005-4 (the "OwnerAssignee") to the Owner ), and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement GS Mortgage Securities Corp., a Delaware corporation (the "Servicing ReportsAssignor" or "Depositor"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Trust Agreement (GSAA Home Equity Trust 2005-4)

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 Collection Account pursuant to the Pooling and Servicing Agreement.) ____ _4. Mortgage Loan in Foreclosure. ____5. Other (Explain) _________________________________________________: explain). If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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 youyou as the Trustee, please acknowledge your reception receipt by signing in the space indicated below below, and returning this formform if requested by us. WASHINGTON MUTUAL [OPTION ONE MORTGAGE CORPORATION] By: Name: Title: Date: ACKNOWLEDGED AND AGREED: [XXXXX FARGO BANK, FA N.A.] By:____________________________ : Name:__________________________ : Title:___________________________ Acknowledgment : Date: With respect to each Mortgage Loan, the Mortgage File shall include each of Documents returned to the Owner: EMC MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ _______________ _______________ (following items, which shall be available for inspection by the "Depository") As the "Servicer" under the Servicing Agreement dated as of June 1, 2003, between Depositor and which shall be retained by the Servicer or delivered to and retained by the Owner named therein 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, we hereby authorize i.e., map or plat, restrictions, easements, sewer agreements, home association declarations, etc. (k) All required disclosure statements and request you 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 are customarily contained in a mortgage loan file and which are required to establish an accountdocument the Mortgage Loan or to service the Mortgage Loan. (p) Amortization schedule, as an Account if available. (q) Payment history for Mortgage Loans that have been closed for more than 90 days. This Certification is being made pursuant to Section 2.4 3.24 and Section 8.12 of the Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”) relating to the above-referenced Series, to be designated among HSI Asset Securitization Corporation, as "Washington Mutual Bankdepositor, FA, in trust for EMC Option One Mortgage Corporation, as Ownerservicer and originator, Xxxxx Fargo Bank, N.A., as Master Servicer, Securities Administrator and Custodian, and any successor Owner." All deposits Deutsche Bank National Trust Company, as Trustee,. Capitalized terms used but not defined herein shall have the meanings assigned in the account shall be subject to withdrawal therefrom by order signed by the ServicerPooling and Servicing Agreement. 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:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of identify the certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as followsthat: 1. For purposes I have reviewed this annual report on Form 10-K (the “Annual Report”), and all reports on Form 10-D containing distribution date reports (collectively with this Annual Report, the “Reports”) filed in respect of this Certificate, "Relevant Information" means the information periods included in the certificate provided pursuant to Section 4.4(a) year covered by this Annual Report, of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant YearTrust; 2. Based on my knowledge, the Relevant Informationinformation in the Reports, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made thereinmade, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year.period covered by this Annual Report; 23. The Relevant Information has been Based on my knowledge, all of the distributions, servicing and other information required to be provided to those Persons entitled to receive it.the Securities Administrator by the Master Servicer under the Pooling and Servicing Agreement for inclusion in the Reports is included in the Reports; 34. I am responsible for reviewing the activities performed by the Servicer [Option One Mortgage Corporation] under the Pooling and Servicing Agreement during and based upon my knowledge and the Relevant Year. Based upon the annual compliance review required by under the Pooling and Servicing Agreement Agreement, and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5Reports, to the best of my knowledge, the Servicer [Option One Mortgage Corporation] has fulfilled its obligations under the Pooling and Servicing Agreement throughout Agreement; and 5. The Reports disclose all significant deficiencies relating to [Option One Mortgage Corporation]’s compliance with the Relevant Yearminimum servicing standards based upon the report provided by an independent public accountant, after conducting a review in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar procedure as set forth in the Pooling and Servicing Agreement, that is included in the Reports. DATED In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party: [Option One Mortgage Corporation]. Xxxxx Fargo Bank, N.A. as of Master Servicer By: Name: Title: Date: Xxxxx Fargo Bank, N.A., as Master Servicer Xxxxx Xxxxxx xxx Xxxxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Corporate Trust Services Re: HSI Asset Securitization Corporation Trust 2006-OPT2 [________ __. 200_. ] as [____________________________ Name] hereby certifies to the Depositor, the Master Servicer, the Trustee and the Securities Administrator, and each of their officers, directors and affiliates that:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Opt2)

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 Agreementreceived.) ____ 5- 3. Mortgage Loan in Foreclosure. - 4. 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 Loanexplain). If box item 3 or 4 or 5 above is checked, upon our return of all of the above documents to youyou as the Trustee or Custodian, please acknowledge your reception receipt by signing in the space indicated below below, and returning this form. WASHINGTON MUTUAL BANKCapitalized terms used herein but not defined herein have the meanings ascribed to them in the Pooling and Servicing Agreement. BOMBARDIER CAPITAL INC., FA as Servicer By:____________________________ : Name:__________________________ : Title:___________________________ : Date: Acknowledgment of Documents returned to the OwnerTrustee or Custodian: EMC NAME OF TRUSTEE OR CUSTODIAN By: Name: Title: Date: RULE 144A AGREEMENT--QIB CERTIFICATION BOMBARDIER CAPITAL MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ ToSECURITIZATION CORPORATION, SERIES 19 - PASS-THROUGH CERTIFICATES, CLASS (DATE) [Name and Address of the Trustee] Bombardier Capital Mortgage Securitization Corporation Bombardier Capital Inc. 1600 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Xxdies and Gentlemen: _______________ _______________ _______________ _______________ In connection with the purchase on the date hereof of the captioned securities (the "DepositoryPurchased Certificates") As ), the "Servicer" under the Servicing Agreement dated as of June 1, 2003, between the Servicer and the Owner named therein undersigned (the "AgreementTransferee"), 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:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant covenants to the Agreement 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 by 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 undersignedtransferor, 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Bombardier Capital Mortgage Securitization Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing ReportsCompany"), each Personthe Servicer, if any, who the Trustee and the Trust as follows: 1. The Transferee is a "controlsqualified institutional buyer" the Owner or such other Person within the meaning of as that term is defined in Rule 144A ("Rule 144A") promulgated under the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate amended (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate1933 Act") and Section 4.5 for has completed the Relevant Year and form of certification to that effect attached hereto as Annex A1 (if the information in all Servicing Reports provided by Transferee is not a registered investment company) or Annex A2 (if the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as Transferee is a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2registered investment company). The Relevant Information has been provided Transferee is aware that the sale to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed it is being made in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11reliance on Rule 144A.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)

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 BANKBy: Name: Title: Acknowledgment of Documents returned to the Owner: By: Name: Title: Date: Washington Mutual Bank, FA By:(the “Servicer”) hereby certifies that it has established an account meeting the requirements of Section 2.4 of the Servicing Agreement dated as of September 1, 2003, between the Owner and the Servicer named therein. Title of Account: “Washington Mutual Bank, FA, in trust for Xxxxxx Brothers Bank, FSB, as Owner, and any successor Owner.” Account Number: ______________________________________ Name:Address of office or branch of the Servicer at which Collection Account is maintained: __________________________ Title:___________________________ Acknowledgment of Documents returned to the Owner: EMC MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ ___________________ _________________________________ By: Name: Title: To: ____________________ ____________________ ____________________ ____________________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June September 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 CorporationXxxxxx Brothers Bank, FSB, 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: Washington Mutual Bank, FA (the “Servicer”) hereby certifies that it has established an account meeting the requirements of Section 2.6 of the Servicing Agreement dated as of September 1, 2003, between the Servicer and the Owner named therein. Title of Escrow Account: “Washington Mutual Bank, FA, in trust for Xxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors.” Account Number: ______________________________________ (Name Address of Depository) By:office or branch of the Servicer at which Escrow Account is maintained: ____________________________ Name:__________________________ Title:___________________________ To: _______________ _______________ ___________________ _________________________________ By: Name: Title: To: ____________________ ____________________ ____________________ ____________________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June September 1, 2003, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an account, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage CorporationXxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ : I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June September 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation Xxxxxx Brothers Bank, FSB (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Servicing Agreement (Lehman Mortgage Trust 2007-3)

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: [____________________________ Name:__________________________ ] 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_________________, 2003200_, 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:___________________________ : To: _______________ _______________ _______________ _______________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June 1_________________, 2003200_, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an account, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation___________________________, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ : I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June December 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Xxxxxxx Xxxxx Mortgage Corporation Company (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-8f)

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: [____________________________ Name:__________________________ ] 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_________________, 2003200_, 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:___________________________ : To: ________________ ________________ ________________ ________________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June 1_________________, 2003200_, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an account, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation___________________________, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ : I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June December 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Xxxxxxx Xxxxx Mortgage Corporation Company (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-9f)

Mortgage Loan Liquidated by _________________. (The Servicer requestor hereby certifies that all proceeds of the 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) _________________________________________________: explain). If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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. Capitalized terms not defined herein shall have the meanings set forth in the Pooling and Servicing Agreement, dated as of January 1, 2008 (the "Pooling and Servicing Agreement"), between BCAP LLC, as depositor, Wells Fargo Bank, N.A., as master servicer and securities administrator, Xxxtsche Bank National Trust Company, as custodian and HSBC Bank USA, National Association, as trustee. I, the undersigned, hereby certify that the above statements are true and correct and set my name hereof on this __ day of ___________, 200_. [REQUESTOR] By: ____________________________________ Name: Title: If box 4 or 5 above is checked, upon our return of all of the above documents to youyou as the custodian, please acknowledge your reception receipt by signing in the space indicated below below, and returning this form, if requested. WASHINGTON MUTUAL BANKDEUTSCHE BANK NATIONAL TRUST COMPANY, FA as a Custodian By: _______________________________ Name: Title EXHIBIT E FORM OF INITIAL CERTIFICATION OF CUSTODIAN [date] BCAP LLC 200 Park Avenue New York, New York 10166 IndyMac Bank, F.S.B. 3465 Eaxx Xxxxxxxx Xxxxxxxxx Xxxxxxxx, Xxxxxxxxxa 91107 Attention: Secoxxxxx Xxxxxxxxx - Xxxxxxxxxxx XXXX Xxxx XXX, Xxxxxxxx Association 452 Fifth Avenue New York, New York 10018 Wells Fargo Bank, N.A. 9062 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00040 Re: Poxxxxx xxx Xxxxxxxxx Xxxxxxxxx, xxxxx xx xx Xxxxxxy 1, 2008, among BCAP LLC, as depositor, Wells Fargo Bank, N.A., as master servicer and securixxxx administrator, Deutsche Bank National Trust Company, as custodian and HSBC Bank USA, National Association, as trustee ------------------------------------------------------ Ladies and Gentlemen: In accordance with Section 2.02 of the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), the undersigned, as Custodian, certifies that it has received: (i) the original Mortgage Note, endorsed as provided in the following form: "Pay to the order of ________, without recourse"; and (ii) except with respect to a MERS Loan, an executed Assignment of the Mortgage (which may be included in a blanket assignment or assignments). Based on its review and examination and only as to the foregoing documents, such documents appear regular on their face and related to such Mortgage Loan. The Custodian has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the Pooling and Servicing Agreement. The Custodian makes no representations as to: (i) the validity, legality, sufficiency, enforceability, recordability or genuineness of any of the documents contained in each Mortgage File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectability, insurability, ownership, title, effectiveness or suitability of any such Mortgage Loan or the perfection or priority of any Mortgage. Notwithstanding anything herein to the contrary, the Custodian has made no determination and makes no representations as to whether (i) any endorsement is 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 (ii) any assignment is in recordable form or sufficient to effect the assignment of and transfer to the assignee thereof, under the Mortgage to which the assignment relates. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Custodian 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 EXHIBIT F FORM OF DOCUMENT CERTIFICATION AND EXCEPTION REPORT OF CUSTODIAN [date] BCAP LLC 200 Park Avenue New York, New York 10166 IndyMac Bank, F.S.B. 3465 Eaxx Xxxxxxxx Xxxxxxxxx Xxxxxxxx, Xxxxxxxxxa 91107 Attention: Secoxxxxx Xxxxxxxxx - Xxxxxxxxxxx XXXX Xxxx XXX, Xxxxxxxx Association 452 Fifth Avenue New York, New York 10018 Wells Fargo Bank, N.A. 9062 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00040 Re: Poxxxxx xxx Xxxxxxxxx Xxxxxxxxx, xxxxx xx xx Xxxxxxy 1, 20032008, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an accountamong BCAP LLC, as an Account pursuant to Section 2.4 of the Agreementdepositor, to be designated as "Washington Mutual Wells Fargo Bank, FA, in trust for EMC Mortgage CorporationN.A., as Ownermaster servicer and securixxxx administrator, 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 undersignedDeutsche Bank National Trust Company, as the "Depository," hereby certifies that custodian and HSBC Bank USA, National Association, as trustee ----------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.02 of the above-described account has been established under Account Number _________________, at the office of the Depository indicated above, captioned Pooling 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:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Pooling and Servicing ReportsAgreement"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933undersigned, as amendedCustodian, and their respective officers and directors, with respect hereby certifies that as to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of each Mortgage Loan Documents Regarding (other than any Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11Loan paid in full or listed on the attached Document Exception Report) it has received:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1)

Mortgage Loan Liquidated by _________________. (The Servicer requestor hereby certifies that all proceeds of the foreclosure, insurance, condemnation or other liquidation have been finally received and credited to the Collection Account pursuant to the Servicing Trust Agreement.) _______ 4. Mortgage Loan in Foreclosure. _______ 5. Other (Explain) _________________________________________________: explain). If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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. Capitalized terms not defined herein shall have the meanings set forth in the Master Servicing and Trust Agreement, dated as of October 1, 2005 (the "Trust Agreement"), among GS Mortgage Securities Corp., as depositor, HSBC Bank USA, National Association, as trustee, Deutsche Bank National Trust Company, as a custodian, J.P. Morgan Trust Company, National Axxxxxxxxxx, as a custodian and Wells Fargo Bank, N.A., as master serxxxxx, securities administrator and as a custodian. I, the undersigned, hereby certify that the above statements are true and correct and set my name hereof on this __ day of ___________, 200_. [REQUESTOR] By: ------------------------------------ Name: Title: If box 4 or 5 above is checked, upon our return of all of the above documents to youyou as the custodian, please acknowledge your reception receipt by signing in the space indicated below below, and returning this form, if requested. WASHINGTON MUTUAL WELLS FARGO BANK, FA N.A., as a Custodiax By:____________________________ : ----------------------------------- Name:__________________________ Title:___________________________ Acknowledgment of Documents returned to the Owner: EMC Title EXHIBIT D FORM OF CLASS R-1 AND CLASS R-2 CERTIFICATES SOLELY FOR U.S. FEDERAL INCOME TAX PURPOSES, THIS CERTIFICATE IS A "RESIDUAL INTEREST" IN A "REAL ESTATE MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ _______________ _______________ INVESTMENT CONDUIT," AS THOSE TERMS ARE DEFINED, RESPECTIVELY, IN SECTIONS 860G AND 860D OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (the THE "DepositoryCODE") As the ). NEITHER THIS CERTIFICATE NOR ANY INTEREST HEREIN MAY BE TRANSFERRED UNLESS THE PROPOSED TRANSFEREE DELIVERS TO THE SECURITIES ADMINISTRATOR A TRANSFER AFFIDAVIT IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENT REFERRED TO HEREIN. NEITHER THIS CERTIFICATE NOR ANY INTEREST HEREIN MAY BE TRANSFERRED UNLESS THE TRANSFEREE DELIVERS TO THE SECURITIES ADMINISTRATOR A REPRESENTATION LETTER TO THE EFFECT THAT SUCH TRANSFEREE IS AN EMPLOYEE BENEFIT PLAN SUBJECT TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED ("Servicer" under the Servicing Agreement dated as of June 1, 2003, between the Servicer and the Owner named therein (the "AgreementERISA"), we hereby authorize and request you to establish an accountOR A PLAN SUBJECT TO SECTION 4975 OF THE CODE OR A PLAN SUBJECT TO MATERIALLY SIMILAR PROVISIONS OF APPLICABLE FEDERAL, as an Account pursuant to Section 2.4 of the Agreement, to be designated as STATE OR LOCAL LAW ("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:___________________________ To: _______________ _______________ _______________ _______________ (the "DepositorySIMILAR LAW") As the "Servicer" under the Servicing Agreement dated as of June OR A PERSON INVESTING ON BEHALF OF OR WITH PLAN ASSETS OF SUCH A PLAN. IN THE EVENT THAT SUCH REPRESENTATION IS VIOLATED, OR ANY ATTEMPT IS MADE TO TRANSFER TO A PLAN OR ARRANGEMENT SUBJECT TO SECTION 406 OF ERISA, A PLAN SUBJECT TO SECTION 4975 OF THE CODE OR A PLAN SUBJECT TO SIMILAR LAW, OR A PERSON ACTING ON BEHALF OF ANY SUCH PLAN OR ARRANGEMENT OR USING THE ASSETS OF ANY SUCH PLAN OR ARRANGEMENT, SUCH ATTEMPTED TRANSFER OR ACQUISITION SHALL BE VOID AND OF NO EFFECT. Certificate No. : [R-1][R-2] Cut-off Date : October 1, 20032005 First Distribution Date : November 25, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an account, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date 2005 Initial Certificate Balance of this Certificate (the "Relevant YearDenomination"), as follows: 1. For purposes ) : $100 Initial Certificate Balance of all Certificates of this Class: : $100 GS MORTGAGE SECURITIES CORP. GSAA Home Equity Trust 2005-12 Asset-Backed Certificates, Series 2005-12 evidencing a percentage interest in the distributions allocable to the Certificates of the above-referenced Class. Principal in respect of this Certificate is distributable monthly as set forth herein. Accordingly, the Certificate Balance at any time may be less than the Certificate Balance as set forth herein. This Certificate does not evidence an obligation of, or an interest in, and is not guaranteed by the Depositor, the Master Servicer, the Securities Administrator or the Trustee referred to below or any of their respective affiliates. Neither this Certificate nor the Mortgage Loans are guaranteed or insured by any governmental agency or instrumentality. No transfer of a Class [R-1][R-2] Certificate shall be made unless the Securities Administrator shall have received a representation letter from the transferee of such Certificate, "Relevant Information" means acceptable to and in form and substance satisfactory to the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5Securities Administrator, to the best effect that such transferee is not an employee benefit plan or arrangement subject to Section 406 of my knowledgeERISA, a plan or arrangement subject to Section 4975 of the Servicer has fulfilled its obligations Code or a plan subject to Similar Law, or a person acting on behalf of any such plan or arrangement or using the assets of any such plan or arrangement to effect such transfer, which representation letter shall not be an expense of the Securities Administrator or the Trust Fund. In the event that such representation is violated, or any attempt is made to transfer to a plan or arrangement subject to Section 406 of ERISA or a plan subject to Section 4975 of the Code or a plan subject to Similar Law, or a person acting on behalf of any such plan or arrangement or using the assets of any such plan or arrangement, such attempted transfer or acquisition shall be void and of no effect. Reference is hereby made to the further provisions of this Certificate set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. This Certificate shall not be entitled to any benefit under the Servicing Agreement throughout or be valid for any purpose unless manually authenticated by an authorized signatory of the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11Securities Administrator.

Appears in 1 contract

Samples: Trust Agreement (GSAA Home Equity 2005-12)

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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 Collection Account pursuant to the Pooling and Servicing Agreement.) __4. Mortgage Loan in Foreclosure __ _5. Other (Explainexplain) _________________________________________________: _ If box 1, 2 or 3 above is checked, and if all or part of the Collateral Mortgage 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 checkedUpon written request, upon our the Trustee will acknowledge the return of any or all of the above documents in its custody. Capitalized terms used but not defined herein have the meanings ascribed to you, please acknowledge your reception by signing them in the space indicated below Pooling and returning this formServicing Agreement, dated August 1, 2005 (the “Pooling and Servicing Agreement”), among Asset Backed Securities Corporation, as depositor (the “Depositor”), DLJ Mortgage Capital, Inc., as seller (the “Seller”), Option One Mortgage Corporation, as servicer (the “Servicer”) and Xxxxx Fargo Bank, N.A., as trustee (the “Trustee”). WASHINGTON MUTUAL [SERVICER] By: _________________________ Name: Title: Date: (If more than 30 Mortgage Files requested by the Servicer) Authorization by the Trustee XXXXX FARGO BANK, FA N.A., as Trustee By: _________________________ Name: Title: Date: Xxxxx Fargo Bank, N.A. 00 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Corporate Trust Services – ABSC OOMC 2005-HE6 Re: Asset Backed Securities Corporation, Asset Backed Pass-Through Certificates, Series 2005-HE5, Ladies and Gentlemen: In connection with the transfer by ________________ (the “Transferor”) to ________________ (the “Transferee”) of the captioned Asset Backed Pass-Through Certificates (the “Certificates”), the Transferor hereby certifies as follows: Neither the Transferor nor anyone acting on its behalf has (a) offered, pledged, sold, disposed of or otherwise transferred any Certificate, any interest in any Certificate or any other similar security to any person in any manner, (b) has solicited any offer to buy or to accept a pledge, disposition or other transfer of any Certificate, any interest in any Certificate or any other similar security from any person in any manner, (c) has otherwise approached or negotiated with respect to any Certificate, any interest in any Certificate or any other similar security with any person in any manner, (d) has made any general solicitation by means of general advertising or in any other manner, (e) has taken any other action, that (in the case of each of subclauses (a) through (e) above) would constitute a distribution of the Certificates under the Securities Act of 1933, as amended (the “1933 Act”), or would render the disposition of any Certificate a violation of Section 5 of the 1933 Act or any state securities law or would require registration or qualification pursuant thereto. The Transferor will not act, nor has it authorized or will it authorize any person to act, in any manner set forth in the foregoing sentence with respect to any Certificate. The Transferor will not sell or otherwise transfer any of the Certificates, except in compliance with the provisions of that certain Pooling and Servicing Agreement, dated as of August 1, 2005, among Asset Backed Securities Corporation as Depositor, DLJ Mortgage Capital, Inc. as Seller, Option One Mortgage Corporation as Servicer and Xxxxx Fargo Bank, N.A., as Trustee (the “Pooling and Servicing Agreement”), pursuant to which the Certificates were issued. Capitalized terms used but not defined herein shall have the meanings assigned thereto in the Pooling and Servicing Agreement. Very truly yours, [Transferor] 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 ] Xxxxx Fargo Bank, FAN.A. 00 Xxxxxxxx, in trust for EMC Mortgage 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Corporate Trust Services – ABSC OOMC 2005-HE6 Re: Asset Backed Securities Corporation, as OwnerAsset Backed Pass-Through Certificates, Series OOMC 2005-HE6, Ladies and any successor Owner." All deposits in Gentlemen: In connection with 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. ______purchase from ______________________ (Name the “Transferor”) on the date hereof of Depository) By:____________________________ Name:__________________________ Title:___________________________ To: _______________ _______________ _______________ the captioned trust certificates (the “Certificates”), _______________ (the "Depository"“Transferee”) 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

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 BANKBANK By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- Acknowledgment of Documents returned to the Owner: XXXXXXX XXXXX MORTGAGE LENDING INC. By: --------------------------------- Name: ------------------------------- Title: ------------------------------ Date: ------------------------------- EXHIBIT B ACCOUNT LETTER AGREEMENT _______________, FA By:______ To: ____________________________ 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_________________, 2003200_, 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 that 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: --------------------------------- EXHIBIT C ESCROW ACCOUNT LETTER AGREEMENT _______________, ______ To: ____________________________ (Name of Depository) By:____________________________ Name:__________________________ Title:___________________________ To: _______________ _________________________________ _________________________________ _________________________________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June 1_________________, 2003200_, between the Servicer and the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an account, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation___________________________, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement shall be subject to withdrawal therefrom by order signed by the Servicer. You may refuse any deposit which that would result in violation of the requirement that the account by 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:___________________________ : --------------------------------- EXHIBIT D FORM OF OFFICER'S CERTIFICATE I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA Bank (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1___________, 2003 200_ (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation [_________________________] (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1)

Mortgage Loan Liquidated by _________________. ([The Servicer 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 the Account pursuant to the Servicing Agreement.) ____ 5. Other (Explain) _____________________________________. By: (authorized signer) Issuer: Address: Date: 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 Amend 0 = new release request, 1= amend an existing released record (i.e. FORC to PDPO) This certificate is being delivered pursuant to Section [__] of the Pooling and Servicing Agreement, dated as of October 1, 2005 (the “Agreement”), among Bear Xxxxxxx Asset Backed Securities I LLC, as depositor (the “Depositor”), EMC Mortgage Corporation as seller (in that capacity, the “Seller”), LaSalle Bank National Association as master servicer (in such capacity, the “Master Servicer”) and as trustee (the “Trustee”). Capitalized terms used herein and not otherwise defined have the meanings set forth in the Agreement. I certify that: (i) I am a ____________: 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:________ of the Company. (ii) Based on my knowledge, the information in the annual statement of compliance furnished in October 20__ pursuant to Section [__] of the Agreement and the annual independent certified public accountants’ servicing report delivered pursuant to Section [__] thereof (collectively, the “Reports”), and all servicing reports, officer’s certificates and other information relating to the EMC Mortgage Loans submitted to the Master Servicer taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading as of the date of this certification. (iii) The servicing information required to be provided to the Master Servicer by the Company under the Agreement has been provided to the Master Servicer. (iv) I am responsible for reviewing the servicing activities performed by the Company pursuant to this Agreement, and except as disclosed in the Reports, the Company has, as of the date of this certification, fulfilled its obligations under the Agreement. (v) I have disclosed to the Master Servicer all significant deficiencies relating to the Company’s compliance with the minimum servicing standards in accordance with a review conducted in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar standard as set forth in the Agreement. ______________________ 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 LOAN PURCHASE AGREEMENT, dated as of June 1October 28, 20032005, between as amended and supplemented by any and all amendments hereto (collectively, “this Agreement”), by and among EMC MORTGAGE CORPORATION, a Delaware corporation (the Servicer “Mortgage Loan Seller” or “EMC”) and BEAR XXXXXXX ASSET BACKED SECURITIES I LLC, a Delaware limited liability company (the “Purchaser”). Upon the terms and subject to the conditions of this Agreement, the Mortgage Loan Seller agrees to sell, and the Owner named therein Purchaser agrees to purchase, certain conventional, closed-end, fixed rate, junior-lien mortgage loans secured by one-to-four family residences as described herein. The Purchaser intends to deposit the Mortgage Loans into a trust fund (the "Agreement"“Trust Fund”) and create SACO I Trust 2005-WM3, which will issue the SACO I Trust 2005-WM3, Mortgage-Backed Certificates, Series 2005-WM3 (the “Certificates”), we hereby authorize under a pooling and request you to establish an account, as an Account pursuant to Section 2.4 of the Agreementservicing 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:___________________________ To: _______________ _______________ _______________ _______________ (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June October 1, 2003, between the Servicer and the Owner named therein 2005 (the "“Pooling and Servicing Agreement"), we hereby authorize and request you to establish an account”) among the Purchaser, as an Escrow Account pursuant to Section 2.6 of depositor, EMC as seller and as master servicer (the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation“Master Servicer”) and LaSalle Bank National Association, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA trustee (the "Servicer"“Trustee” or “LaSalle”), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Saco I Trust, 2005-Wm3)

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 its Collection Account pursuant to the Pooling and Servicing Agreement.) ____ _4. Mortgage Loan in Foreclosure. ____5. Other (Explain) explain)._________________________________________________: ___ If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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 youyou as the [Custodian]/[Trustee], please acknowledge your reception receipt by signing in the space indicated below below, and returning this formform if requested by us. WASHINGTON MUTUAL BANK[SAXON MORTGAGE SERVICES, FA INC., as Servicer] By:: __________________________________ Name:: Title: Date: [COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer] By: __________________________ Title:___________________________ Acknowledgment of Documents returned to the Owner: EMC MORTGAGE CORPORATION By:____________________________ Name:: Title: Date: ACKNOWLEDGED AND AGREED: [LASALLE BANK NATIONAL ASSOCIATION, as Custodian] By: __________________________ 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: Date: [WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee] By: __________________________ 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:___________________________ To: _______________ _______________ _______________ _______________ (Date: EXHIBIT K CONTENTS OF EACH MORTGAGE FILE With respect to each Mortgage Loan, the "Depository") As Mortgage File shall include each of the "Servicer" under following items, which shall be available for inspection by the Servicing Agreement dated as of June 1, 2003, between Sponsor and which shall be retained by the applicable Servicer or delivered to and retained by the Owner named therein (the "Agreement"), we hereby authorize and request you to establish an accountTrustee or Custodian, as an Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by fully insured as described below. This letter is submitted to you in duplicate. Please execute and return one original to us. ____________________________ Byapplicable:____________________________ 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He4)

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 Collection Account pursuant to the Pooling and Servicing Agreement.) ____ _4. Mortgage Loan in Foreclosure. ____5. Other (Explain) _________________________________________________: explain). If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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 youyou as the Trustee, please acknowledge your reception receipt by signing in the space indicated below below, and returning this formform if requested by us. WASHINGTON MUTUAL [OPTION ONE MORTGAGE CORPORATION] By: Name: Title: Date: ACKNOWLEDGED AND AGREED: [XXXXX FARGO BANK, FA N.A.] By:____________________________ : Name:__________________________ : Title:___________________________ Acknowledgment : Date: With respect to each Mortgage Loan, the Mortgage File shall include each of Documents returned to the Owner: EMC MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ _______________ _______________ (following items, which shall be available for inspection by the "Depository") As the "Servicer" under the Servicing Agreement dated as of June 1, 2003, between Depositor and which shall be retained by the Servicer or delivered to and retained by the Owner named therein 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, we hereby authorize i.e., map or plat, restrictions, easements, sewer agreements, home association declarations, etc. (k) All required disclosure statements and request you 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 are customarily contained in a mortgage loan file and which are required to establish an accountdocument the Mortgage Loan or to service the Mortgage Loan. (p) Amortization schedule, as an Account if available. (q) Payment history for Mortgage Loans that have been closed for more than 90 days. This Certification is being made pursuant to Section 2.4 3.24 and Section 8.12 of the Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”) relating to the above-referenced Series, to be designated among HSI Asset Securitization Corporation, as "Washington Mutual Bankdepositor, FA, in trust for EMC Option One Mortgage Corporation, as Ownerservicer and originator, Xxxxx Fargo Bank, N.A., as Master Servicer, Securities Administrator and Custodian, and any successor Owner." All deposits Deutsche Bank National Trust Company, as Trustee,. Capitalized terms used but not defined herein shall have the meanings assigned in the account shall be subject to withdrawal therefrom by order signed by the ServicerPooling and Servicing Agreement. 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:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of identify the certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as followsthat: 1. For purposes I have reviewed this annual report on Form 10-K (the “Annual Report”), and all reports on Form 10-D containing distribution date reports (collectively with this Annual Report, the “Reports”) filed in respect of this Certificate, "Relevant Information" means the information periods included in the certificate provided pursuant to Section 4.4(a) year covered by this Annual Report, of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant YearTrust; 2. Based on my knowledge, the Relevant information in the Reports, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading as of the last day of the period covered by this Annual Report; 3. Based on my knowledge, all of the distributions, servicing and other information required to be provided to the Securities Administrator by the Master Servicer under the Pooling and Servicing Agreement for inclusion in the Reports is included in the Reports; 4. I am responsible for reviewing the activities performed by [Option One Mortgage Corporation] under the Pooling and Servicing Agreement and based upon my knowledge and the annual compliance review required under the Pooling and Servicing Agreement, and except as disclosed in the Reports, [Option One Mortgage Corporation] has fulfilled its obligations under the Pooling and Servicing Agreement; and 5. The Reports disclose all significant deficiencies relating to [Option One Mortgage Corporation]’s compliance with the minimum servicing standards based upon the report provided by an independent public accountant, after conducting a review in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar procedure as set forth in the Pooling and Servicing Agreement, that is included in the Reports. In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party: [Option One Mortgage Corporation]. Xxxxx Fargo Bank, N.A. as Master Servicer By: Name: Title: Date: Xxxxx Fargo Bank, N.A., as Master Servicer Xxxxx Xxxxxx xxx Xxxxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Corporate Trust Services Re: HSI Asset Securitization Corporation Trust 2006-OPT3 [____] as [____] hereby certifies to the Depositor, the Master Servicer, the Trustee and the Securities Administrator, and each of their officers, directors and affiliates that: (1) I have reviewed the servicer compliance statement of the [____] provided in accordance with Item 1123 of Regulation AB (the “Compliance Statement”), the report on assessment of the Company’s compliance with the servicing criteria set forth in Item 1122(d) of Regulation AB (the “Servicing Criteria”), provided in accordance with Rules 13a-18 and 15d-18 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and Item 1122 of Regulation AB (the “Servicing Assessment”), the registered public accounting firm’s attestation report provided in accordance with Rules 13a-18 and 15d-18 under the Exchange Act and Section 1122(b) of Regulation AB (the “Attestation Report”), and all servicing reports, officer’s certificates and other information relating to the servicing of the Mortgage Loans by [____] during 200[ ] that were delivered by [____] to any of the Depositor, the Master Servicer, the Securities Administrator, and the Trustee pursuant to the Agreement (collectively, the “Company Servicing Information”); (2) Based on my knowledge, the Company Servicing Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made thereinmade, in the light of the circumstances under which such statements were made, not misleading as with respect to the period of time covered by the Company Servicing Information; (3) Based on my knowledge, all of the last day of Company Servicing Information required to be provided by the Relevant Year. 2. The Relevant Information Company under the Agreement has been provided to those Persons entitled to receive it.the Depositor, the Master Servicer, the Securities Administrator and the Trustee; 3. (4) I am responsible for reviewing the activities performed by the Servicer [____] as [____] under the Servicing Agreement during Agreement, and based on my knowledge and the Relevant Year. Based upon compliance review conducted in preparing the review required by the Servicing Agreement Compliance Statement and except as disclosed in the Annual Compliance Certificate Statement, the Servicing Assessment or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledgeAttestation Report, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of in all material respects; and (5) The Compliance Statement required to be delivered by [________ __. 200_. ] pursuant to this Agreement, and the Servicing Assessment and Attestation Report required to be provided by [____] and [by any Subservicer or Subcontractor] pursuant to the Agreement, have been provided to the Depositor, the Master Servicer, the Securities Administrator and the Trustee. Any material instances of noncompliance described in such reports have been disclosed to the Depositor, the Master Servicer, the Securities Administrator and the Trustee. Any material instance of noncompliance with the Servicing Criteria has been disclosed in such reports. Capitalized terms used but not defined herein have the meanings ascribed to them in the Pooling Servicing Agreement, dated as of March 1, 2006 (the “Pooling and Servicing Agreement”), among HSI Asset Securitization Corporation, as depositor (the “Depositor”), Option One Mortgage Corporation, as Servicer and Originator, Xxxxx Fargo Bank, N.A., as master servicer (the “Master Servicer”), securities administrator (the “Securities Administrator”) and custodian, and Deutsche Bank National Trust Company, as trustee (the “Trustee”). [____] as [____________________ ] By: Name:__________________________ : Title:___________________________ PageARTICLE 1: Date: INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED Number two decimals SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS Number two decimals CURT1 CURTAILMENT 1 AMOUNT, ..00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MM-YY CURTIADJ CURTAILMENT 1 ADJUSTMENT, ..00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, ..00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, ..00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, ..00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, ..00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, ..00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, ..00 IF NOT APPLICABLE Number two decimals TOTREMIT TOTAL REMITTANCE AMOUNT, ..00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL ..00 IF PAID OFF, LIQUIDATED OR FULL CHARGE OFF Number two decimals ENDACTBAL ENDING TRIAL BALANCE ..00 IF PAID OFF, LIQUIDATED OR FULL CHARGE OFF Number two decimals ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MM-YY ACTCODE 60 IF PAID OFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11SERVICING ADMINISTRATION FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25.00% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED .00 IF PAID OFF Number two decimals

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Hasco 2006-Opt3)

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 related Collection Account pursuant to the Pooling and Servicing Agreement.) ____ _4. Mortgage Loan in Foreclosure. ____5. Other (Explain) _________________________________________________: explain). If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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 youyou as the Trustee, please acknowledge your reception receipt by signing in the space indicated below below, and returning this formform if requested by us. WASHINGTON MUTUAL [SERVICER] By: Name: Title: Date: ACKNOWLEDGED AND AGREED: [XXXXX FARGO BANK, FA 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 Purchaser and which shall be retained by the applicable Servicer or delivered to and retained by the Custodian:____________________________ Name:__________________________ Title:___________________________ Acknowledgment (a) The documents or instruments set forth as items (i) to (ix) in Section 2.01(b) of Documents returned 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 Owner: EMC MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ _______________ _______________ 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 Xxxxxxxxx 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 are customarily contained in a mortgage loan file and which are required to document the "Depository"Mortgage Loan or to service the Mortgage Loan. (p) As the "Servicer" under the Servicing Agreement dated as of June 1Amortization schedule, 2003, between the Servicer and the Owner named therein if available. (the "Agreement"), we hereby authorize and request you to establish an account, as an Account q) Payment history for Mortgage Loans that have been closed for more than 90 days. This Certification is being made pursuant to Section 2.4 8.12(c) of the Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”) relating to the above-referenced Series, to be designated among HSI Asset Securitization Corporation, as "Washington Mutual depositor (the “Depositor”), JPMorgan Chase Bank, FANational Association, in trust for EMC National City Home Loan Services, Inc. and Option One Mortgage Corporation, as OwnerServicers, NC Capital Corporation, Option One Mortgage Corporation 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:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage First Franklin Financial Corporation, as OwnerMortgage Loan Originators, Xxxxx Fargo Bank, N.A., as Master Servicer, Securities Administrator and Custodian, Xxxxxxx Fixed Income Services Inc., as Credit Risk Manager, and any successor OwnerDeutsche Bank National Trust Company, and certain Mortgagors." All deposits as Trustee. Capitalized terms used but not defined herein shall have the meanings assigned in the account pursuant to the Agreement shall be subject to withdrawal therefrom by order signed by the ServicerPooling and Servicing Agreement. You may refuse any deposit which would result in violation of the requirement that the account by 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:___________________________ I, [name of identify the certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as followsthat: 1. For purposes I have reviewed this annual report on Form 10-K (the “Annual Report”), and all reports on Form 8-K containing distribution date reports (collectively with this Annual Report, the “Reports”) filed in respect of this Certificate, "Relevant Information" means the information periods included in the certificate provided pursuant to Section 4.4(a) year covered by this Annual Report, of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant YearTrust; 2. Based on my knowledge, the Relevant Informationinformation in the Reports, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made thereinmade, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year.period covered by this Annual Report; 23. The Relevant Information has been Based on my knowledge, the servicing information required to be provided to those Persons entitled to receive it.the Securities Administrator by the Master Servicer under the Pooling and Servicing Agreement for inclusion in the Reports is included in the Reports; 34. I am responsible for reviewing the activities performed by the Servicer [JPMorgan Chase Bank, National Association][National City Home Loan Services, Inc.][Option One Mortgage Corporation] under the Pooling and Servicing Agreement during and based upon my knowledge and the Relevant Year. Based upon the annual compliance review required by under the Pooling and Servicing Agreement Agreement, and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5Reports, to the best of my knowledge[JPMorgan Chase Bank, the Servicer National Association][National City Home Loan Services, Inc.][Option One Mortgage Corporation] has fulfilled its obligations under the Pooling and Servicing Agreement throughout Agreement; and 5. The Reports disclose all significant deficiencies relating to [JPMorgan Chase Bank, National Association][National City Home Loan Services, Inc.][Option One Mortgage Corporation]’s compliance with the Relevant Yearminimum servicing standards based upon the report provided by an independent public accountant, after conducting a review in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar procedure as set forth in the Pooling and Servicing Agreement, that is included in the Reports. DATED In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party: [JPMorgan Chase Bank, National Association][National City Home Loan Services, Inc.][Option One Mortgage Corporation]. [ ] as Servicer By: Name: Title: Date: Xxxxx Fargo Bank, N.A., as Master Servicer Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479 Attention: Corporate Trust Services Re: HSI Asset Securitization Corporation Trust 2005-I1 [JPMorgan Chase Bank, National Association][National City Home Loan Services, Inc.][Option One Mortgage Corporation] as Servicer hereby certifies to the Depositor, the Master Servicer, the Trustee and the Securities Administrator, and each of ________ __. 200_. ____________________________ Nametheir officers, directors and affiliates that:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2005-I1)

Mortgage Loan Liquidated by _________________. (The Servicer requestor hereby certifies that all proceeds of the foreclosure, insurance, condemnation or other liquidation have been finally received and credited to the Collection Account pursuant to the Servicing Trust Agreement.) _______ 4. Mortgage Loan in Foreclosure. _______ 5. Other (Explain) 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. Capitalized terms not defined herein shall have the meanings set forth in the Trust Agreement, dated as of July 1, 2007 (the "Trust Agreement"), between BCAP LLC, as depositor, Wells Fargo Bank, N.A., as custodian, and Deutsche Bank National Trust Xxxxxny, as trustee. I, the undersigned, hereby certify that the above statements are true and correct and set my name hereof on this __ day of ___________, 200_. [REQUESTOR] By: __________________________________________________ Name: 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. Title: If box 4 or 5 above is checked, upon our return of all of the above documents to youyou as the trustee, please acknowledge your reception receipt by signing in the space indicated below below, and returning this form, if requested. WASHINGTON MUTUAL WELLS FARGO BANK, FA N.A., as a Custodian By:: ______________________________ Name:__________________________ Title:___________________________ Acknowledgment : Title EXHIBIT E FORM OF INITIAL CERTIFICATION OF CUSTODIAN [date] [Depositor] Wells Fargo Bank, National Association 24 Executive Park, Suite 100 Irvxxx, California 92614 Deutsche Bank Nxxxxxxx Xxxxx Xxxxxxx 0000 Xxxx Xx. Xxxxxx Xxxxx Xxxxx Ana, California 92705 Wells Fargo Baxx, Xxxxxxxx Xxxxxxxxxxx 0 Home Campus MAC X2401-06T Des Xxxxxs, Iowa 50328-0001 Re: Trust Agreement, dated as of Documents returned to Jxxx 0, 0000, xxxxx XXXX XXX, as depositor, Wells Fargo Bank, N.A., as custodian and Deutsche Bank Natixxxx Trust Company, as trustee ------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.02 of the Owner: EMC MORTGAGE CORPORATION By:____________________________ Name:__________________________ Title:___________________________ Date:___________________________ To: _______________ _______________ _______________ _______________ above-captioned Trust Agreement (the "Depository") As the "Servicer" under the Servicing Agreement dated as of June 1, 2003, between the Servicer and the Owner named therein (the "Trust 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 Custodian, certifies that the above-described account it 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) Byreceived:____________________________ Name:__________________________ Title:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Trust Agreement (BCAPB LLC Trust 2007-Ab1)

Mortgage Loan Liquidated by _________________. (The Servicer requestor hereby certifies that all proceeds of the 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) _________________________________________________: explain). If box 1, 2 or 3 above is checked, and if all or part of the Collateral 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 checkedCapitalized terms not defined herein shall have the meanings set forth in the Pooling and Servicing Agreement, upon our return dated as of all of March 1, 2008 (the "Pooling and Servicing Agreement"), between BCAP LLC, as depositor, Wells Fargo Bank, N.A., as master servicer and securities administrator, Xxxtsche Bank National Trust Company, as custodian and HSBC Bank USA, National Association, as trustee. I, the undersigned, hereby certify that the above documents to youstatements are true and correct and set my name hereof on this __ day of ___________, please acknowledge your reception by signing in the space indicated below and returning this form200_. WASHINGTON MUTUAL BANK, FA [REQUESTOR] By:____________________________ Name:__________________________ Name: Title:___________________________ Acknowledgment : If box 4 or 5 above is checked, upon our return of Documents returned all of the above documents to you as the Owner: EMC MORTGAGE CORPORATION custodian, please acknowledge your receipt by signing in the space indicated below, and returning this form, if requested. DEUTSCHE BANK NATIONAL TRUST COMPANY, as a Custodian By:____________________________ Name:__________________________ TitleName: Title EXHIBIT E FORM OF INITIAL CERTIFICATION OF CUSTODIAN [date] BCAP LLC 200 Park Avenue New York, New York 10166 IndyMac Bank, F.S.B. 3465 Eaxx Xxxxxxxx Xxxxxxxxx Xxxxxxxx, Xxxxxxxxxa 91107 Attention: Secoxxxxx Xxxxxxxxx - Xxxxxxxxxxx XXXX Xxxx XXX, Xxxxxxxx Association 452 Fifth Avenue New York, New York 10018 Wells Fargo Bank, N.A. 9062 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00040 Xxxention: Client Manxxxx-XXXX 0000-XXX0 Xx: Xxxxxxx xxx Xxxxicing Agreement, dated as of March 1, 2008, among BCAP LLC, as depositor, Wells Fargo Bank, N.A., as master servicer and securities axxxxxstrator, Deutsche Bank National Trust Company, as custodian and HSBC Bank USA, National Association, as trustee ------------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.02 of the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), the undersigned, as Custodian, certifies that it has received: (i) the original Mortgage Note, endorsed as provided in the following form: "Pay to the order of ___________________________ Date:___________________________ To, without recourse"; and (ii) except with respect to a MERS Loan, an executed Assignment of the Mortgage (which may be included in a blanket assignment or assignments). Based on its review and examination and only as to the foregoing documents, such documents appear regular on their face and related to such Mortgage Loan. The Custodian has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the Pooling and Servicing Agreement. The Custodian makes no representations as to: _______________ _______________ _______________ _______________ (i) the "Depository"validity, legality, sufficiency, enforceability, recordability or genuineness of any of the documents contained in each Mortgage File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) As the "Servicer" collectability, insurability, ownership, title, effectiveness or suitability of any such Mortgage Loan or the perfection or priority of any Mortgage. Notwithstanding anything herein to the contrary, the Custodian has made no determination and makes no representations as to whether (i) any endorsement is 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 (ii) any assignment is in recordable form or sufficient to effect the assignment of and transfer to the assignee thereof, under the Mortgage to which the assignment relates. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the Pooling and 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. DEUTSCHE BANK NATIONAL TRUST COMPANY, 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. ____________________________ Custodian By:____________________________ Name:__________________________ Name: Title:___________________________ The : EXHIBIT F FORM OF DOCUMENT CERTIFICATION AND EXCEPTION REPORT OF CUSTODIAN [date] BCAP LLC 200 Park Avenue New York, New York 10166 IndyMac Bank, F.S.B. 3465 Eaxx Xxxxxxxx Xxxxxxxxx Xxxxxxxx, Xxxxxxxxxa 91107 Attention: Secoxxxxx Xxxxxxxxx - Xxxxxxxxxxx XXXX Xxxx XXX, Xxxxxxxx Association 452 Fifth Avenue New York, New York 10018 Wells Fargo Bank, N.A. 9062 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00040 Xxxention: Client Manxxxx-XXXX 0000-XXX0 Xx: Xxxxxxx xxx Xxxxicing Agreement, dated as of March 1, 2008, among BCAP LLC, as depositor, Wells Fargo Bank, N.A., as master servicer and securities axxxxxstrator, Deutsche Bank National Trust Company, as custodian and HSBC Bank USA, National Association, as trustee ------------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.02 of the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), the undersigned, as the "Depository," Custodian, hereby certifies that as to each Mortgage Loan (other than any Mortgage Loan paid in full or listed on the above-described account attached Document Exception Report) it has been established under Account Number _________________received: (a) the original Mortgage Note, at endorsed without recourse in blank by the office last endorsee, including all intervening endorsements showing a complete chain of endorsement from the originator to the last endorsee; (b) the original Assignment of Mortgage in blank (except if recorded), unless the Mortgage Loan is a MERS Mortgage Loan; (c) the related original Mortgage and evidence of its recording or, in certain limited circumstances, a certified copy of the Depository indicated abovemortgage with evidence of recording; (d) except with respect to a MERS Loan, originals of any intervening Mortgage assignment or certified copies in either case evidencing recording; (e) originals of all assumption or modification agreements or certified copies thereof, in either case with evidence of recording thereon; (f) an original or copy of a title insurance policy or, in the event such title policy is unavailable, a certified true copy of the related policy binder or commitment for title certified to be true and complete by the title insurance company, Original Loan Seller or escrow company; (g) to the extent applicable, an original or copy of a power of attorney; and (h) the original or, if unavailable, a copy of a security agreement, chattel mortgage or equivalent document executed in connection with the Mortgage, if any. Based on its review and examination and only as to the foregoing documents, (a) such documents appear regular on their face and related to such Mortgage Loan, and agrees to honor withdrawals on such account as provided above(b) the information set forth in items 2, 8, 32 and 34 of the Mortgage Loan Schedule accurately reflects information set forth in the Custodial File. The full amount deposited at Custodian has made no independent examination of any time documents contained in each Mortgage File beyond the review of the Custodial File specifically required in the account will be insured by Pooling and Servicing Agreement. The Custodian makes no representations as to: (i) the Federal Deposit Insurance Corporationvalidity, legality, sufficiency, enforceability or genuineness of any of the documents contained in each Mortgage File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectability, insurability, ownership, title, effectiveness or suitability of any such Mortgage Loan or the perfection or priority of any Mortgage. ____________________________ Notwithstanding anything herein to the contrary, the Custodian has made no determination and makes no representations as to whether (Name i) any endorsement is sufficient to transfer all right, title and interest of Depositorythe party so endorsing, as noteholder or assignee thereof, in and to that Mortgage Note or (ii) any assignment is in recordable form or sufficient to effect the assignment of and transfer to the assignee thereof, under the Mortgage to which the assignment relates. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Custodian By:____________________________ Name:__________________________ Title:___________________________ 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 Escrow Account pursuant to Section 2.6 of the Agreement, to be designated as "Washington Mutual Bank, FA, in trust for EMC Mortgage Corporation, as Owner, and any successor Owner, and certain Mortgagors." All deposits in the account pursuant to the Agreement 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 by fully insured as described below. This letter is submitted to you in duplicate. Please execute and return one original to us. ____________________________ By:____________________________ Name:__________________________ : Title:___________________________ : EXHIBIT G FORM OF RESIDUAL TRANSFER AFFIDAVIT BCAP LLC Trust 2008-IND2, Mortgage Pass-Through Certificates, Series 2008-IND2 STATE OF ) ) ss.: COUNTY OF ) The undersigned, as the "Depository," hereby certifies that the above-described account has been established under Account Number _________________being first duly sworn, at the office of the Depository indicated above, deposes 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:___________________________ I, [name of certifying individual], a duly elected and acting officer of Washington Mutual Bank, FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of June 1, 2003 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and EMC Mortgage Corporation (the "Owner") to the Owner and each other Person entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), says as follows: 1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") and Section 4.5 for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year. 2. The Relevant Information has been provided to those Persons entitled to receive it. 3. I am responsible for reviewing the activities performed by the Servicer under the Servicing Agreement during the Relevant Year. Based upon the review required by the Servicing Agreement and except as disclosed in the Annual Compliance Certificate or the accountants' statement provided pursuant to Section 4.5, to the best of my knowledge, the Servicer has fulfilled its obligations under the Servicing Agreement throughout the Relevant Year. DATED as of ________ __. 200_. ____________________________ Name:__________________________ Title:___________________________ PageARTICLE 1. DEFINITIONS 1 ARTICLE 2. SALE AND CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF FILES; PAYMENT OF PURCHASE PRICE; DELIVERY OF MORTGAGE LOAN DOCUMENTS; RECORDATION OF ASSIGNMENTS OF MORTGAGE 8 Section 2.1. Sale and Conveyance of Mortgage Loans; Possession of Files 8 Section 2.2. Delivery of Mortgage Loan Documents Regarding Mortgage Loans 10 Section 2.3. Purchaser's Due Diligence Review 11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)

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