Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement: (i) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust; (ii) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived; (iii) the resignation, termination or merger of the Depositor, the Master Servicer or the Trustee; (iv) the purchase or repurchase or substitution of Assets pursuant to Section 2.05 hereof; -66- 71 (v) the final payment to the Certificateholders; (vi) any change in the location of the related Certificate Account or the Distribution Account; (vii) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets; (viii) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related Asset; or (ix) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian. (b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following: (i) Each Remittance Report; and (ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereof. (c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Union Planters Home Equity Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i) any material change or amendment to the Pooling and Servicing Trust Agreement or any agreement assigned to the Trust;
(ii) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waivedany recommendation by the Master Servicer that a Servicing Agreement with a Servicer be terminated;
(iii) the resignation, termination or merger of the DepositorSaxon, the Master Servicer Servicer, the Trustee or the Trusteeany Servicer;
(iv) the purchase or repurchase or substitution of Assets Mortgage Loans pursuant to Section 2.05 2.03 hereof; -66- 71;
(v) the final payment to the Certificateholders;
(vi) any change in the location of the related Certificate Account any Master Servicer Custodial Account, Reserve Fund or the Distribution Asset Proceeds Account;
(vii) any event that would result in the inability of the Servicer or the Master Servicer to make Advances regarding delinquent Mortgage Loans or the related Assetsinability of the Trustee to make any such Advance if it is serving as the Master Servicer pursuant to Section 7.02 hereof;
(viii) any change in applicable law that would require an assignment Assignment of a MortgageSecurity Instrument, not previously recordedrecorded pursuant to Section 2.01 hereof, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property Mortgage Loan or, in case a court should recharacterize the sale of the related Asset Mortgage Loans as a financing, to perfect a first priority security interest in favor of the Trustee in the related Asset; or
(ix) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its CustodianLoan.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a11.08(a) hereof of which it has actual knowledge. In addition, the Trustee shall promptly furnish promptly to each Rating Agency, Agency at its address set forth in the Pooling and Servicing Agreement, Trust Agreement copies of the following:
(i) Each Remittance Reporteach report to Certificateholders described in Section 4.01 hereof; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereofeach Annual Compliance Statement.
(c) Any notice pursuant to this Section 11.07 11.08 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid prepaid, or by express delivery service service, to each Rating Agency at its the address specified in the Pooling Trust Agreement. Exhibit A-1 FORM OF INITIAL CERTIFICATION [____________], 199[_] Saxon Asset Securities Company 0000 Xxx Xxxx Glen Allen, Virginia 23060 Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and Servicing [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02 of the Standard Terms to the above-captioned Trust Agreement, the Custodian hereby certifies that, as to each mortgage loan listed in the Mortgage Loan Schedule [to the Trust Agreement referred to above] [to the Subsequent Sales Agreement dated [____________], 199[ ], has reviewed the Trustee Mortgage Loan File and determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in Section 2.01 of the Standard Terms) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination its examination, or the examination by a Custodian on its behalf, and only as to such documents, the information set forth on such Mortgage Loan Schedule accurately reflects the information set forth in the Trustee Mortgage Loan File. The Custodian further certifies that its review of each Trustee Mortgage Loan File included each of the procedures listed in clause (b) of Section 2.02 of the Standard Terms. The Custodian further certifies as to each Mortgage Note that:
(1) except for the endorsement required pursuant to clause (a) of the definition of Trustee Mortgage Loan File, the Mortgage Note, on the face or the reverse side(s) thereof, does not contain evidence of any unsatisfied claims, liens, security interests, encumbrances or restrictions on transfer; and
(2) the Mortgage Note bears an endorsement (which appears to be an original) as required pursuant to clause (a) of the definition of Trustee Mortgage Loan File. Except as described herein, neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File. Neither the Trustee nor the Custodian makes any representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Trust Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any surety or guaranty agreement, Note Assumption Rider, buydown agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Trust Agreement. [CUSTODIAN], as custodian By:____________________________ Title:_________________________ Xxxxxxx X-0 FORM OF FINAL CERTIFICATION [____________], 199[_] Saxon Asset Securities Company 0000 Xxx Xxxx Glen Allen, Virginia 23060 Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02 of the Standard Terms to the above-captioned Trust Agreement, the Custodian hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedules (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File. Except as specifically required in the above-captioned Trust Agreement, neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File. Neither the Trustee nor the Custodian makes any representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Trust Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any surety or guaranty agreement, Note Assumption Rider, buydown agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Trust Agreement. [CUSTODIAN], as custodian By:____________________________ Title:_________________________ Exhibit B FORM OF RECORDATION REPORT [____________], 199[_] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02(e) of the Standard Terms, the Custodian hereby notifies you that, as of the date hereof with respect to the following Mortgage Loans, it has not received the indicated documents. If a Security Instrument for any Mortgage Loan has not been recorded and the original recorded Security Instrument or a copy of such recorded Security Instrument with such evidence of recordation certified to be true and correct by the appropriate governmental recording office has not been delivered to the Trustee (or to a Custodian on its behalf), the Seller or Servicer may be required to purchase such Mortgage Loan from the Trustee if such defect materially and adversely affects the value of the Mortgage Loan or the interest of the Trust therein. [If an Assignment to the Trustee or a Custodian on its behalf, as applicable, of the Seller's interest in a Security Instrument has not been recorded within one year of the Closing Date, the Seller or Servicer shall be required to (i) purchase the related Mortgage Loan from the Trustee or (ii) if there have been no defaults in the Monthly Payments on such Mortgage Loan, deposit an amount equal to the Purchase Price into an escrow account maintained by the Trustee.] Documents Not Received --------------------------------------------------------------- Original Recorded Original Recorded Assignment of Security Instrument Security Instrument Saxon Loan Number or certified copy thereof or certified copy thereof -------------------------------------- -------------------------- ------------------------- *Also required with regard to any intervening Assignments. [TRUSTEE], as Trustee By:____________________________ Title:_________________________ Exhibit C FORM OF REMITTANCE REPORT Saxon Asset Securities Company Trust: Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Distribution Date: [____________], 199[_] Reporting Month: [____________] 199[_] The following class, series and collateral information will be included on each Remittance Report, as appropriate: Class Level Collateral Level Series Level ----------- ---------------- ------------ Class Name Asset Proceeds Account - Scheduled Principal Pass-Through Rate Deposits and Withdrawals Unscheduled Principal Beginning Balance Balance Information for Scheduled Interest Interest Distribution Other Accounts Beginning Loan Count Principal Distribution Advances on Delinquencies Ending Loan Count Realized Losses Beginning Balance Realized Losses Ending Balance Interest Distribution Weighted Average Maturity Aggregate Realized Losses Principal Distribution (WAM) Original Balance Realized Losses Weighted Average Record Date Ending Balance Mortgage Note Rate Interest Distribution Factor Total Distribution Total Distribution Principal Distribution Factor Aggregate Realized Losses Weighted Average Net Rate Remaining Principal Factor Original Balance Weighted Average Pass- Scheduled Principal Remaining Principal Factor Through Rate Unscheduled Principal Scheduled Principal Delinquency Statistics Current Interest Unscheduled Principal - 30, 60, and 90 day Recovery/(Shortfall) Current Interest delinquencies; foreclosures Accretion Recovery/(Shortfall) and REO's Accretion Exhibit D FORM OF RULE 144A AGREEMENT-QIB CERTIFICATION SAXON ASSET SECURITIES COMPANY MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 199[_]-[_], CLASS [___] [____________], 199[_] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [CERTIFICATE REGISTRAR] [-------------------------] [-------------------------] Attention: [____________________] Saxon Asset Securities Company 0000 Xxx Xxxx Glen Allen, Virginia 23060 Attention: [____________________] Ladies and Gentlemen: In connection with the purchase on the date hereof of the captioned Certificates (the "Purchased Certificates"), the undersigned (the "Transferee") hereby certifies and covenants to the transferor, Saxon, the Master 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 "Securities 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 Securities 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 Securities Act and under applicable state law or unless an exemption from such registration is available. The Transferee further understands that neither Saxon, the Master Servicer, the Certificate Registrar, the Paying Agent, 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," and understands that such Purchased Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be such a qualified institutional buyer that purchases for its own account or for the account of a qualified institutional buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the Securities Act and under applicable state securities laws. In addition, such transfer may be subject to additional restrictions, as set forth in Section 5.05 of the Standard Terms to the Trust Agreement.
4. The Transferee has been furnished with all information that it requested regarding (a) the Purchased Certificates and distributions thereon and (b) the Trust Agreement referred to below.
5. If applicable, the Transferee has complied or 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 Trust Agreement, dated as of [____________], 199[_], which incorporates by reference the Standard Terms thereto, among Saxon Asset Securities Company, the Master Servicer and the Trustee, pursuant to which the Purchased Certificates were issued.
Appears in 1 contract
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i) any material change or amendment to the Pooling and Servicing Trust Agreement or any agreement assigned to the Trust;
(ii) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waivedany recommendation by the Master Servicer that a Servicing Agreement with a Servicer be terminated;
(iii) the resignation, termination or merger of the DepositorSaxon, the Master Servicer Servicer, the Trustee or the Trusteeany Servicer;
(iv) the purchase or repurchase or substitution of Assets Mortgage Loans pursuant to Section 2.05 2.03 hereof; -66- 71;
(v) the final payment to the Certificateholders;
(vi) any change in the location of the related Certificate Account any Master Servicer Custodial Account, Reserve Fund or the Distribution Asset Proceeds Account;
(vii) any event that would result in the inability of the Servicer or the Master Servicer to make Advances regarding delinquent Mortgage Loans or the related Assetsinability of the Trustee to make any such Advance if it is serving as the Master Servicer pursuant to Section 7.02 hereof;
(viii) any change in applicable law that would require an assignment Assignment of a MortgageSecurity Instrument, not previously recordedrecorded pursuant to Section 2.01 hereof, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property Mortgage Loan or, in case a court should recharacterize the sale of the related Asset Mortgage Loans as a financing, to perfect a first priority security interest in favor of the Trustee in the related Asset; or
(ix) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its CustodianLoan.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a11.08(a) hereof of which it has actual knowledge. In addition, the Trustee shall promptly furnish promptly to each Rating Agency, Agency at its address set forth in the Pooling and Servicing Agreement, Trust Agreement copies of the following:
(i) Each Remittance Reporteach report to Certificateholders described in Section 4.01 hereof; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereofeach Annual Compliance Statement.
(c) Any notice pursuant to this Section 11.07 11.08 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid prepaid, or by express delivery service service, to each Rating Agency at its the address specified in the Pooling Trust Agreement. 57 Exhibit A-1 FORM OF INITIAL CERTIFICATION [____________], 199[_] Saxon Asset Securities Company 0000 Xxx Xxxx Glen Allen, Virginia 23060 Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and Servicing [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02 of the Standard Terms to the above-captioned Trust Agreement, the Custodian hereby certifies that, as to each mortgage loan listed in the Mortgage Loan Schedule [to the Trust Agreement referred to above] [to the Subsequent Sales Agreement dated [ ], 199[ ], has reviewed the Trustee Mortgage Loan File and determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in Section 2.01 of the Standard Terms) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on its examination, or the examination by a Custodian on its behalf, and only as to such documents, the information set forth on such Mortgage Loan Schedule accurately reflects the information set forth in the Trustee Mortgage Loan File. The Custodian further certifies that its review of each Trustee Mortgage Loan File included each of the procedures listed in clause (b) of Section 2.02 of the Standard Terms. The Custodian further certifies as to each Mortgage Note that:
(1) except for the endorsement required pursuant to clause (a) of the definition of Trustee Mortgage Loan File, the Mortgage Note, on the face or the reverse side(s) thereof, does not contain evidence of any unsatisfied claims, liens, security interests, encumbrances or restrictions on transfer; and
(2) the Mortgage Note bears an endorsement (which appears to be an original) as required pursuant to clause (a) of the definition of Trustee Mortgage Loan File. Except as described herein, neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File. Neither the Trustee nor the Custodian makes any representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Trust Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any surety or guaranty agreement, Note Assumption Rider, buydown agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Trust Agreement. [CUSTODIAN], as custodian By:____________________________ Title:_________________________ Xxxxxxx X-0 FORM OF FINAL CERTIFICATION [____________], 199[_] Saxon Asset Securities Company 0000 Xxx Xxxx Glen Allen, Virginia 23060 Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02 of the Standard Terms to the above-captioned Trust Agreement, the Custodian hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedules (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File. Except as specifically required in the above-captioned Trust Agreement, neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File. Neither the Trustee nor the Custodian makes any representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Trust Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any surety or guaranty agreement, Note Assumption Rider, buydown agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Trust Agreement. [CUSTODIAN], as custodian By:____________________________ Title:_________________________ Exhibit B FORM OF RECORDATION REPORT [____________], 199[_] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02(e) of the Standard Terms, the Custodian hereby notifies you that, as of the date hereof with respect to the following Mortgage Loans, it has not received the indicated documents. If a Security Instrument for any Mortgage Loan has not been recorded and the original recorded Security Instrument or a copy of such recorded Security Instrument with such evidence of recordation certified to be true and correct by the appropriate governmental recording office has not been delivered to the Trustee (or to a Custodian on its behalf), the Seller or Servicer may be required to purchase such Mortgage Loan from the Trustee if such defect materially and adversely affects the value of the Mortgage Loan or the interest of the Trust therein. [If an Assignment to the Trustee or a Custodian on its behalf, as applicable, of the Seller's interest in a Security Instrument has not been recorded within one year of the Closing Date, the Seller or Servicer shall be required to (i) purchase the related Mortgage Loan from the Trustee or (ii) if there have been no defaults in the Monthly Payments on such Mortgage Loan, deposit an amount equal to the Purchase Price into an escrow account maintained by the Trustee.] Documents Not Received ----------------------------------------------------------- Original Recorded Saxon Loan Number Original Recorded Assignment of Security Instrument Security Instrument ---------------------------------- ------------------------------- --------------------------- or certified copy thereof or certified copy thereof *Also required with regard to any intervening Assignments. [TRUSTEE], as Trustee By:____________________________ Title:_________________________ Exhibit C FORM OF REMITTANCE REPORT Saxon Asset Securities Company Trust: Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Distribution Date: [____________], 199[_] Reporting Month: [____________] 199[_] The following class, series and collateral information will be included on each Remittance Report, as appropriate: Class Level Collateral Level Series Level ----------- ---------------- ------------ Class Name Asset Proceeds Account - Scheduled Principal Pass-Through Rate Deposits and Withdrawals Unscheduled Principal Beginning Balance Balance Information for Scheduled Interest Interest Distribution Other Accounts Beginning Loan Count Principal Distribution Advances on Delinquencies Ending Loan Count Realized Losses Beginning Balance Realized Losses Ending Balance Interest Distribution Weighted Average Maturity Aggregate Realized Losses Principal Distribution (WAM) Original Balance Realized Losses Weighted Average Record Date Ending Balance Mortgage Note Rate Interest Distribution Factor Total Distribution Total Distribution
Appears in 1 contract
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorOMI, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorOMI's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California North Carolina or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.. EXHIBIT 1 FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of ____________, among Oakwood Mortgage Investors, Inc. ("OMI"), Oakwood Acceptance Corporation and _____________________________ , as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of OMI's Standard Terms to Pooling and Servicing Agreement (May 1999 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Oakwood Acceptance Corporation, as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. OAKWOOD ACCEPTANCE CORPORATION By:____________________________ Name:_________________________ Title:__________________________ EXHIBIT 2-A FORM OF INITIAL CERTIFICATION [Date] Oakwood Mortgage Investors, Inc. 7000 XxXxxxx Xxxx Greensboro, North Carolina 27409 Attention: [_______________] Oakwood Acceptance Corporation 7000 XxXxxxx Xxxx
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorCompany, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorCompany's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California North Carolina or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement. EXHIBIT 1 FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of ____________, among Deutsche Financial Capital Securitization LLC (the "Company"), Oakwood Acceptance Corporation and ______________, as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of the Company's Standard Terms to Pooling and Servicing Agreement (June 1997 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Oakwood Acceptance Corporation, as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. OAKWOOD ACCEPTANCE CORPORATION By:_____________________________________________ Name:___________________________________________ Title:____________________________________________ EXHIBIT 2-A FORM OF INITIAL CERTIFICATION [Date] Deutsche Financial Capital Securitization LLC 0000 XxXxxxx Xxxx Greensboro, North Carolina 27409 Attention: [_______________] Oakwood Acceptance Corporation 0000 XxXxxxx Xxxx Greensboro, North Carolina 27409 Attention: [________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 19___, among Deutsche Financial Capital Securitization LLC Oakwood Acceptance Corporation, as Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ DFCS Trust 19_____-_____.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Financial Capital Securitization LLC)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorOMI, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorOMI's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California North Carolina or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i1) Each Remittance Report; and
(ii2) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement. EXHIBIT 1 --------- FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of ____________, among Oakwood Mortgage Investors, Inc. ("OMI"), Oakwood Acceptance Corporation and , as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of OMI's Standard Terms to Pooling and Servicing Agreement (September 2001 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Oakwood Acceptance Corporation, as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. OAKWOOD ACCEPTANCE CORPORATION By: Name: Title: EXHIBIT 2-A ----------- FORM OF INITIAL CERTIFICATION [Date] Oakwood Mortgage Investors, Inc. 0000 XxXxxxx Xxxx Greensboro, North Carolina 27409 Attention: [_______________] Oakwood Acceptance Corporation 0000 XxXxxxx Xxxx Greensboro, North Carolina 27409 Attention: [________________] Re: Pooling and Servicing Agreement, dated as of ___ 1, ___, among Oakwood Mortgage Investors, Inc., Oakwood Acceptance Corporation, as Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ OMI Trust _______-_____. Gentlemen: In accordance with Section 2.03 of OMI's Standard Terms to Pooling and Servicing Agreement (September 2001 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms) are in its possession or in the possession of a Custodian on its behalf; (ii) such documents have been reviewed by it, or a Custodian on its behalf, and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, or by a Custodian on its behalf, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Pooling and Servicing Agreement accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Trustee's review, or the review of its Custodian, of each Trustee Mortgage Loan File included each of the procedures listed in Section 2.03(c)(2) of the Standard Terms. Except as described herein, neither the Trustee, nor any Custodian on its behalf, has made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Pooling and Servicing Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By: Its: EXHIBIT 2-B ----------- FORM OF FINAL CERTIFICATION [Date] Oakwood Mortgage Investors, Inc. 0000 XxXxxxx Xxxx Greensboro, North Carolina 27409 Attention: [_______________] Oakwood Acceptance Corporation 0000 XxXxxxx Xxxx Greensboro, North Carolina 27409 Attention: [________________] Re: Pooling and Servicing Agreement, dated as of ___ 1, ____, among Oakwood Mortgage Investors, Inc., Oakwood Acceptance Corporation, as Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ OMI Trust _______-_____. Gentlemen: In accordance with Section 2.03 of OMI's Standard Terms to Pooling and Servicing Agreement (September 2001 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms. Neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File beyond the review specifically required in the above captioned Pooling and Servicing Agreement. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File or any of the Mortgage Loans listed on the Mortgage Loan Schedule, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By: Its: EXHIBIT 3 --------- FORM OF RECORDATION REPORT [Date] Oakwood Acceptance Corporation 0000 XxXxxxx Xxxx Greensboro, North Carolina 27409 Attention: [________________] Re: Pooling and Servicing Agreement, dated as of _____ 1, ___, among Oakwood Mortgage Investors, Inc., Oakwood Acceptance Corporation, as Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ OMI Trust _______-_____. Gentlemen: In accordance with Section 2.03 of OMI's Standard Terms to Pooling and Servicing Agreement (September 2001 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee hereby notifies you, that as of the date hereof with respect to the following Mortgage Loans it has not received the indicated documents: Mortgage Loans Documents Not Received ---------------------------------------------------- Original Recorded Original Recorded Assignment of Mortgage Mortgage or certified copy Mortgage OAC Loan Number thereof thereof* [TRUSTEE] as Trustee By: Its: * Not required for Mortgage Loans for which OMI has waived recordation of Assignments. EXHIBIT 4 --------- REQUEST FOR RELEASE OF DOCUMENTS AND RECEIPT -------------------------------------------- TO: [Name and Address of Trustee or Custodian] RE: Pooling and Servicing Agreement, dated as of __________ 1, 20__, among Oakwood Mortgage Investors, Inc. ("OMI"), Oakwood Acceptance Corporation, as Servicer, and ____________________, as Trustee, which incorporates by reference OMI's Standard Terms to Pooling and Servicing Agreement (September 2001 Edition) (collectively, the "Pooling and Servicing Agreement") In connection with the administration of the Mortgage Loans held by you as the Trustee or Custodian, we request the release and acknowledge receipt, of the Trustee Mortgage Loan File [specify documents if only a partial Trustee Mortgage Loan File is being released]) for the Mortgage Loan described below, for the reason indicated. Mortgagor's Name and Address & Zip Code: Mortgage Loan Number: -------------------- Reason for Requesting Documents (check one)
___ 1. Mortgage Loan Paid in Full. (The Servicer hereby certifies that all amounts received in connection therewith have been deposited into the applicable Certificate Account as provided in the Pooling and Servicing Agreement.)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it a Responsible Officer has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement (including amendment to this Standard Terms) or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorCompany, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorCompany's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California Florida or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.. EXHIBIT 1 FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of ________________, among Bombardier Capital Mortgage Securitization Corporation (the "Company"), Bombardier Capital Inc. and ___________________, as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of the Company's Standard Terms to Pooling and Servicing Agreement (Janaury 2000 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Bombardier Capital Inc., as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. BOMBARDIER CAPITAL INC. By:_________________________________ Name:_______________________________ Title:______________________________ EXHIBIT 2-A FORM OF INITIAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [______________] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [______________] Re: Pooling and Servicing Agreement, dated as of _________1, 20__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and _______________, as Trustee, Pass-Through Certificates, ____________________ BCMSC Trust 20 _____-_____. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (Janaury 2000 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms) are in its possession or in the possession of a Custodian on its behalf; (ii) such documents have been reviewed by it, or a Custodian on its behalf, and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, or by a Custodian on its behalf, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Pooling and Servicing Agreement accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Trustee's review, or the review of its Custodian, of each Trustee Mortgage Loan File included each of the procedures listed in Section 2.03(c)(2) of the Standard Terms. Except as described herein, neither the Trustee, nor any Custodian on its behalf, has made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Pooling and Servicing Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By:_________________________________ Its:________________________________ EXHIBIT 2-B FORM OF FINAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [________________] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [________________] Re: Pooling and Servicing Agreement, dated as of _________1, 20__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and _______________, as Trustee, Pass-Through Certificates, ____________________ BCMSC Trust 20 _____-_____. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (Janaury 2000 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms. Neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File beyond the review specifically required in the above captioned Pooling and Servicing Agreement. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File or any of the Mortgage Loans listed on the Mortgage Loan Schedule, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By:________________________________________ Its:_______________________________________ EXHIBIT 3 FORM OF RECORDATION REPORT [Date] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [______________] Re: Pooling and Servicing Agreement, dated as of _________1, 20__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and _______________, as Trustee, Pass-Through Certificates, ____________________ BCMSC Trust 20 _____-_____. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (Janaury 2000 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee hereby notifies you, that as of the date hereof with respect to the following Mortgage Loans it has not received the indicated documents: Mortgage Loans Documents Not Received -------------- --------------------------------------------------- Original Recorded Original Recorded Assignment of Mortgage Mortgage or certified copy or certified copy BCI Loan Number thereof thereof* --------------- ------- -------- [TRUSTEE] as Trustee By:________________________ Its:_______________________ -------- * Not required for Mortgage Loans for which the Company has waived recordation of Assignments. EXHIBIT 4 REQUEST FOR RELEASE OF DOCUMENTS AND RECEIPT TO: [Name and Address of Trustee or Custodian] RE: Pooling and Servicing Agreement, dated as of ______________1, 20__ among Bombardier Capital Mortgage Securitization Corporation (the "Company"), Bombardier Capital Inc., as Servicer, and ___________, as Trustee, which incorporates by reference the Company's Standard Terms to Pooling and Servicing Agreement (January 2000 Edition) (collectively, the "Pooling and Servicing Agreement"). In connection with the administration of the Mortgage Loans held by you as the Trustee or Custodian, we request the release and acknowledge receipt, of the Trustee Mortgage Loan File [specify documents if only a partial Trustee Mortgage Loan File is being released]) for the Mortgage Loan described below, for the reason indicated. Mortgagor's Name and Address & Zip Code: Mortgage Loan Number: Reason for Requesting Documents (check one)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable the Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i) any material change or amendment to the Pooling and Master Servicing Agreement or any agreement assigned to the Trust;
(ii) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waivedany recommendation by the Master Servicer that a Servicing Agreement with a Servicer be terminated;
(iii) the resignation, termination or merger of the DepositorCompany, the Master Servicer Servicer, the Trustee or the Trusteeany Servicer;
(iv) the purchase or repurchase or substitution of Mortgage Assets pursuant to Section 2.05 hereof; -66- 712.03;
(v) the final payment to the CertificateholdersSecurityholders;
(vi) any change in the location of the related Certificate Account any Master Servicer Custodial Account, Reserve Fund or the Distribution Asset Proceeds Account;
(vii) any event that would result in the inability of the Servicer or the Master Servicer to make Advances regarding delinquent Mortgage Assets or the related Assetsinability of the Trustee to make any such Advance in the event it is serving as the Master Servicer pursuant to Section 7.02 hereof;
(viii) any change in applicable law that would require an assignment Assignment of a MortgageSecurity Instrument, not previously recordedrecorded pursuant to Section 2.01, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property Mortgage Asset or, in case a court should recharacterize the sale of the related Asset Mortgage Assets as a financing, to perfect a first priority security interest in favor of the Trustee in the related Mortgage Asset; or
(ix) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall promptly furnish promptly to each the Rating Agency, Agency at its address set forth in the Pooling and Master Servicing Agreement, Agreement copies of the following:
(i) Each Remittance Reporteach report to Securityholders described in Section 4.01; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereofeach Annual Compliance Statement.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its the address specified in the Pooling and Master Servicing Agreement. Exhibit A-1 FORM OF INITIAL CERTIFICATION [Date] Fremont Mortgage Securities Corporation 000 Xxxxx Xxxxxxxxx Xxxxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Vice President [Master Servicer] [Address] [Address] Attention: Master Servicing Department Pooling and Master Servicing Agreement, dated as of _________ 1, _____, among Fremont Mortgage Securities Corporation [ ], as Master Servicer, and _______________, as Trustee, Pass-Through Certificates, Series __-__ Trust.
Appears in 1 contract
Samples: Pooling and Master Servicing Agreement (Fremont Mortgage Securities Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it a Responsible Officer has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement (including amendment to this Standard Terms) or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorCompany, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorCompany's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California Florida or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.
EXHIBIT 1 FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of _______________________, among Bombardier Capital Mortgage Securitization Corporation (the "Company"), Bombardier Capital Inc. and ______________________, as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of the Company's Standard Terms to Pooling and Servicing Agreement (January 2001 Edition), which are incorporated by reference into the above- referenced Pooling and Servicing Agreement (the "Agreement"), Bombardier Capital Inc., as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. BOMBARDIER CAPITAL INC. By: _____________________________________ Name: ___________________________________ Title: ___________________________________ EXHIBIT 2-A FORM OF INITIAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [_____________________________] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [____________________] Re: Pooling and Servicing Agreement, dated as of _____________ 1, 20___, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and ________________________, as Trustee, Pass-Through Certificates, ________________________________ BCMSC Trust 20___ - ____________.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it a Responsible Officer has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorCompany, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorCompany's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California Florida or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement. EXHIBIT 1 --------- FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of _____________, among Bombardier Capital Mortgage Securitization Corporation (the "Company"), Bombardier Capital Inc. and _________________, as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Bombardier Capital Inc., as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. BOMBARDIER CAPITAL INC. By:_____________________________ Name:___________________________ Title:__________________________ EXHIBIT 2-A ----------- FORM OF INITIAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [______________________] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [______________________] Re: Pooling and Servicing Agreement, dated as of _______ 1, 19__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and _______________, as Trustee, Pass-Through Certificates, BCMSC Trust 19__ - __. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms) are in its possession or in the possession of a Custodian on its behalf; (ii) such documents have been reviewed by it, or a Custodian on its behalf, and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, or by a Custodian on its behalf, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Pooling and Servicing Agreement accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Trustee's review, or the review of its Custodian, of each Trustee Mortgage Loan File included each of the procedures listed in Section 2.03(c)(2) of the Standard Terms. Except as described herein, neither the Trustee, nor any Custodian on its behalf, has made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Pooling and Servicing Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By:_______________________ Its:______________________ EXHIBIT 2-B ----------- FORM OF FINAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [________________________] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [________________________] Re: Pooling and Servicing Agreement, dated as of ______ 1, 19__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and ________________, as Trustee, Pass-Through Certificates, BCMSC Trust 19__ - __. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms. Neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File beyond the review specifically required in the above captioned Pooling and Servicing Agreement. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File or any of the Mortgage Loans listed on the Mortgage Loan Schedule, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By:_______________________ Its:______________________ EXHIBIT 3 --------- FORM OF RECORDATION REPORT [Date] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [_________________] Re: Pooling and Servicing Agreement, dated as of ________ 1, 19__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and __________________, as Trustee, Pass-Through Certificates, BCMSC Trust 19__ -_________. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee hereby notifies you, that as of the date hereof with respect to the following Mortgage Loans it has not received the indicated documents: Mortgage Loans Documents Not Received ----------------------------------------- Original Recorded Original Recorded Assignment of Mortgage Mortgage or certified copy or certified copy BCI Loan Number thereof thereof* --------------- ------- -------- [TRUSTEE] as Trustee By:______________________ Its:_____________________ -------------- * Not required for Mortgage Loans for which the Company has waived recordation of Assignments. EXHIBIT 4 --------- REQUEST FOR RELEASE OF DOCUMENTS AND RECEIPT TO: [Name and Address of Trustee or Custodian] RE: Pooling and Servicing Agreement, dated as of ________1, 19__ among Bombardier Capital Mortgage Securitization Corporation (the "Company"), Bombardier Capital Inc., as Servicer, and ____________ , as Trustee, which incorporates by reference the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (collectively, the "Pooling and Servicing Agreement"). In connection with the administration of the Mortgage Loans held by you as the Trustee or Custodian, we request the release and acknowledge receipt, of the Trustee Mortgage Loan File [specify documents if only a partial Trustee Mortgage Loan File is being released]) for the Mortgage Loan described below, for the reason indicated. Mortgagor's Name and Address & Zip Code: Mortgage Loan Number: Reason for Requesting Documents (check one)
____ 1. Mortgage Loan Paid in Full. (The Servicer hereby certifies that all amounts received in connection therewith have been deposited into the applicable Certificate Account as provided in the Pooling and Servicing Agreement.)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it a Responsible Officer has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement (including amendment to this Standard Terms) or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorCompany, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorCompany's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California Florida or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.
EXHIBIT 1 FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of ______________________ , among Bombardier Capital Mortgage Securitization Corporation (the "Company"), Bombardier Capital Inc. and _________________________, as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Bombardier Capital Inc., as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. BOMBARDIER CAPITAL INC. By: ______________________________________ Name: ____________________________________ Title: ___________________________________ EXHIBIT 2-A FORM OF INITIAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [____________________________ ] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [____________________________ ] Re: Pooling and Servicing Agreement, dated as of _________________1, 19__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and ____________________, as Trustee, Pass-Through Certificates, ___________________ BCMSC Trust 19____-_____. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms) are in its possession or in the possession of a Custodian on its behalf; (ii) such documents have been reviewed by it, or a Custodian on its behalf, and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, or by a Custodian on its behalf, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Pooling and Servicing Agreement accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Trustee's review, or the review of its Custodian, of each Trustee Mortgage Loan File included each of the procedures listed in Section 2.03(c)(2) of the Standard Terms. Except as described herein, neither the Trustee, nor any Custodian on its behalf, has made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Pooling and Servicing Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By: _____________________________________ Its: ____________________________________ EXHIBIT 2-B FORM OF FINAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [____________________________ ] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [_____________________________] Re: Pooling and Servicing Agreement, dated as of ____________ 1, 19__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and ___________________, as Trustee, Pass-Through Certificates __________________, BCMSC Trust 19___-______. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms. Neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File beyond the review specifically required in the above captioned Pooling and Servicing Agreement. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File or any of the Mortgage Loans listed on the Mortgage Loan Schedule, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By: _____________________________________ Its: ____________________________________
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i) any material change or amendment to the Pooling and Servicing Trust Agreement or any agreement assigned to the Trust;
(ii) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waivedany recommendation by the Master Servicer that a Servicing Agreement with a Servicer be terminated;
(iii) the resignation, termination or merger of the DepositorSaxon, the Master Servicer Servicer, the Trustee or the Trusteeany Servicer;
(iv) the purchase or repurchase or substitution of Assets Mortgage Loans pursuant to Section 2.05 2.03 hereof; -66- 71;
(v) the final payment to the Certificateholders;
(vi) any change in the location of the related Certificate Account any Master Servicer Custodial Account, Reserve Fund or the Distribution Asset Proceeds Account;
(vii) any event that would result in the inability of the Servicer or the Master Servicer to make Advances regarding delinquent Mortgage Loans or the related Assetsinability of the Trustee to make any such Advance if it is serving as the Master Servicer pursuant to Section 7.02 hereof;
(viii) any change in applicable law that would require an assignment Assignment of a MortgageSecurity Instrument, not previously recordedrecorded pursuant to Section 2.01 hereof, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property Mortgage Loan or, in case a court should recharacterize the sale of the related Asset Mortgage Loans as a financing, to perfect a first priority security interest in favor of the Trustee in the related Asset; or
(ix) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its CustodianLoan.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a11.08(a) hereof of which it has actual knowledge. In addition, the Trustee shall promptly furnish promptly to each Rating Agency, Agency at its address set forth in the Pooling and Servicing Agreement, Trust Agreement copies of the following:
(i) Each Remittance Reporteach report to Certificateholders described in Section 4.01 hereof; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereofeach Annual Compliance Statement.
(c) Any notice pursuant to this Section 11.07 11.08 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid prepaid, or by express delivery service service, to each Rating Agency at its the address specified in the Pooling Trust Agreement. Exhibit A-1 FORM OF INITIAL CERTIFICATION [____________], 199[_] Saxon Asset Securities Company 0000 Xxx Xxxx Glen Allen, Virginia 23060 Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and Servicing [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02 of the Standard Terms to the above-captioned Trust Agreement, the Custodian hereby certifies that, as to each mortgage loan listed in the Mortgage Loan Schedule [to the Trust Agreement referred to above] [to the Subsequent Sales Agreement dated [ ], 199[ ], has reviewed the Trustee Mortgage Loan File and determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in Section 2.01 of the Standard Terms) are in its possession; (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination its examination, or the examination by a Custodian on its behalf, and only as to such documents, the information set forth on such Mortgage Loan Schedule accurately reflects the information set forth in the Trustee Mortgage Loan File. The Custodian further certifies that its review of each Trustee Mortgage Loan File included each of the procedures listed in clause (b) of Section 2.02 of the Standard Terms. The Custodian further certifies as to each Mortgage Note that:
(1) except for the endorsement required pursuant to clause (a) of the definition of Trustee Mortgage Loan File, the Mortgage Note, on the face or the reverse side(s) thereof, does not contain evidence of any unsatisfied claims, liens, security interests, encumbrances or restrictions on transfer; and
(2) the Mortgage Note bears an endorsement (which appears to be an original) as required pursuant to clause (a) of the definition of Trustee Mortgage Loan File. Except as described herein, neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File. Neither the Trustee nor the Custodian makes any representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Trust Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any surety or guaranty agreement, Note Assumption Rider, buydown agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Trust Agreement. [CUSTODIAN], as custodian By:____________________________ Title:_________________________ Xxxxxxx X-0 FORM OF FINAL CERTIFICATION [____________], 199[_] Saxon Asset Securities Company 0000 Xxx Xxxx Glen Allen, Virginia 23060 Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02 of the Standard Terms to the above-captioned Trust Agreement, the Custodian hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedules (other than any Mortgage Loan paid in full or listed on the attachment hereto) it has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File. Except as specifically required in the above-captioned Trust Agreement, neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File. Neither the Trustee nor the Custodian makes any representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Trust Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any surety or guaranty agreement, Note Assumption Rider, buydown agreement, assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Trust Agreement. [CUSTODIAN], as custodian By:____________________________ Title:_________________________ Exhibit B FORM OF RECORDATION REPORT [____________], 199[_] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and [____________________]_, as Trustee, Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Ladies and Gentlemen: In accordance with Section 2.02(e) of the Standard Terms, the Custodian hereby notifies you that, as of the date hereof with respect to the following Mortgage Loans, it has not received the indicated documents. If a Security Instrument for any Mortgage Loan has not been recorded and the original recorded Security Instrument or a copy of such recorded Security Instrument with such evidence of recordation certified to be true and correct by the appropriate governmental recording office has not been delivered to the Trustee (or to a Custodian on its behalf), the Seller or Servicer may be required to purchase such Mortgage Loan from the Trustee if such defect materially and adversely affects the value of the Mortgage Loan or the interest of the Trust therein. [If an Assignment to the Trustee or a Custodian on its behalf, as applicable, of the Seller's interest in a Security Instrument has not been recorded within one year of the Closing Date, the Seller or Servicer shall be required to (i) purchase the related Mortgage Loan from the Trustee or (ii) if there have been no defaults in the Monthly Payments on such Mortgage Loan, deposit an amount equal to the Purchase Price into an escrow account maintained by the Trustee.] ---------------------- Documents Not Received --------------------- ----------------------- ----------------------------- Original Recorded Original Recorded Assignment of Security Instrument Security Instrument Saxon Loan Number or certified copy thereof or certified copy thereof *Also required with regard to any intervening Assignments. [TRUSTEE], as Trustee By:____________________________ Title:_________________________ Exhibit C FORM OF REMITTANCE REPORT Saxon Asset Securities Company Trust: Mortgage Loan Asset Backed Certificates, Series 199[_]-[_] Distribution Date: [____________], 199[_] Reporting Month: [____________] 199[_] The following class, series and collateral information will be included on each Remittance Report, as appropriate: Class Level Collateral Level Series Level ----------- ---------------- ------------ Class Name Asset Proceeds Account - Scheduled Principal Pass-Through Rate Deposits and Withdrawals Unscheduled Principal Beginning Balance Balance Information for Scheduled Interest Interest Distribution Other Accounts Beginning Loan Count Principal Distribution Advances on Delinquencies Ending Loan Count Realized Losses Beginning Balance Realized Losses Ending Balance Interest Distribution Weighted Average Maturity Aggregate Realized Losses Principal Distribution (WAM) Original Balance Realized Losses Weighted Average Record Date Ending Balance Mortgage Note Rate Interest Distribution Factor Total Distribution Total Distribution Principal Distribution Factor Aggregate Realized Losses Weighted Average Net Rate Remaining Principal Factor Original Balance Weighted Average Pass- Scheduled Principal Remaining Principal Factor Through Rate Unscheduled Principal Scheduled Principal Delinquency Statistics Current Interest Unscheduled Principal - 30, 60, and 90 day Recovery/(Shortfall) Current Interest delinquencies; foreclosures Accretion Recovery/(Shortfall) and REO's Accretion Exhibit D FORM OF RULE 144A AGREEMENT-QIB CERTIFICATION SAXON ASSET SECURITIES COMPANY MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 199[_]-[_], CLASS [___] [____________], 199[_] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [CERTIFICATE REGISTRAR] [-------------------------] [-------------------------] Attention: [____________________] Saxon Asset Securities Company 0000 Xxx Xxxx Glen Allen, Virginia 23060 Attention: [____________________] Ladies and Gentlemen: In connection with the purchase on the date hereof of the captioned Certificates (the "Purchased Certificates"), the undersigned (the "Transferee") hereby certifies and covenants to the transferor, Saxon, the Master 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 "Securities 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 Securities 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 Securities Act and under applicable state law or unless an exemption from such registration is available. The Transferee further understands that neither Saxon, the Master Servicer, the Certificate Registrar, the Paying Agent, 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," and understands that such Purchased Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be such a qualified institutional buyer that purchases for its own account or for the account of a qualified institutional buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the Securities Act and under applicable state securities laws. In addition, such transfer may be subject to additional restrictions, as set forth in Section 5.05 of the Standard Terms to the Trust Agreement.
4. The Transferee has been furnished with all information that it requested regarding (a) the Purchased Certificates and distributions thereon and (b) the Trust Agreement referred to below.
5. If applicable, the Transferee has complied or 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 Trust Agreement, dated as of [____________], 199[_], which incorporates by reference the Standard Terms thereto, among Saxon Asset Securities Company, the Master Servicer and the Trustee, pursuant to which the Purchased Certificates were issued.
Appears in 1 contract
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the Depositor, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets pursuant to Section 2.05 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related Asset; or
(ix9) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California ________________ or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.. EXHIBIT 1-A FORM OF INITIAL CERTIFICATION [Date] Union Planters Mortgage Finance Corp. 7130 Xxxxxxxx Xxxxx Xxxxxxx Cordxxx, Xxnnessee 38018 Attention: Secretary [Master Servicer] [Address] [Address] Attention: [________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 19___, among Union Planters Mortgage Finance Corp., _____________, as Master Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ UPMFC Trust 19_____-_____. Gentlemen:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Union Planters Mortgage Finance Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorCompany, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorCompany's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California North Carolina or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.. EXHIBIT 1 FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of ____________, among Deutsche Financial Capital Securitization LLC (the "Company"), Oakwood Acceptance Corporation and , as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of the Company's Standard Terms to Pooling and Servicing Agreement (March 1997 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Oakwood Acceptance Corporation, as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. OAKWOOD ACCEPTANCE CORPORATION By:_____________________________________________ Name:___________________________________________ Title:____________________________________________ EXHIBIT 2-A FORM OF INITIAL CERTIFICATION [Date] Deutsche Financial Capital Securitization LLC 7800 McCloud Road Greensboro, North Carolina 27409 Attention: [_______________] Xxxxxxx Acceptance Corporation 7800 McCloud Road Greensboro, North Carolina 27409 Attention: [________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 19___, among Deutsche Financial Capital Securitization LLC Oakwood Acceptance Corporation, as Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ DFCS Trust 19_____-_____. Gentlemen:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Financial Capital Securitization LLC)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorOMI, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorOMI's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California North Carolina or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement. EXHIBIT 1 FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of ____________, among Oakwood Mortgage Investors, Inc. ("OMI"), Oakwood Acceptance Corporation and ___________________ , as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of OMI's Standard Terms to Pooling and Servicing Agreement (July 1998 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Oakwood Acceptance Corporation, as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the Depositor, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets pursuant to Section 2.05 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related Asset; or
(ix9) any change in the Depositor's ’s or the Master Servicer's ’s name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California ________________ or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's ’s Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement. _____________________________________. ______________________________________ _______, _________ ______ Attention: Secretary [Master Servicer] [Address] [Address] Attention: [________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 200_, by and among ____________________________________., _____________, as Master Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ RMS Trust 17_____-_____. Gentlemen: In accordance with Section ____ of the Depositor’s Standard Terms to Pooling and Servicing Agreement, which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of “Trustee Mortgage Loan File” in the Standard Terms) are in its possession or in the possession of a Custodian on its behalf; (ii) such documents have been reviewed by it, or a Custodian on its behalf, and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, or by a Custodian on its behalf, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Pooling and Servicing Agreement accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Trustee’s review, or the review of its Custodian, of each Trustee Mortgage Loan File included each of the procedures listed in Section ____(_)(_) of the Standard Terms. Except as described herein, neither the Trustee, nor any Custodian on its behalf, has made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Pooling and Servicing Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”). [TRUSTEE] By: --------------------------- Its: -------------------------- 69 _____________________________________ _____________________________________ _______, _________ _____ Attention: Secretary [Master Servicer] [Address] [Address] Attention: [________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 200_, among _____________________________________, _____________, as Master Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ RMS Trust 17_____-_____. Gentlemen: In accordance with Section ____ of the Depositor’s Standard Terms to Pooling and Servicing Agreement, which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File as set forth in the definition of “Trustee Mortgage Loan File” in the Standard Terms. Neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File beyond the review specifically required in the above captioned Pooling and Servicing Agreement. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File or any of the Mortgage Loans listed on the Mortgage Loan Schedule, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”). [TRUSTEE] By:--------------------------- Its:-------------------------- [Master Servicer] [Address] [Address] Attention: [________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 20___, among _____________________________________, _______________________, as Master Servicer, and _______________, as Trustee, Pass-Through Certificates, __________________ RMS Trust 17_____-_____. Gentlemen: In accordance with Section ____ of the Depositor’s Standard Terms to Pooling and Servicing Agreement, which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee hereby notifies you, that as of the date hereof with respect to the following Mortgage Loans it has not received the indicated documents: LOAN NUMBER ------------------------- ORIGINAL RECORDED MORTGAGE OR CERTIFIED COPY THEREOF ------------------------------------ ORIGINAL RECORDED ASSIGNMENT OF MORTGAGE OR CERTIFIED COPY THEREOF* --------------------------------------------- [TRUSTEE] as Trustee By:--------------------------- Its:----------------------- - -------------------------------- * Not required for Mortgage Loans for which the Depositor has waived recordation of Assignments. TO: [Name and Address of Trustee or Custodian] RE: Pooling and Servicing Agreement, dated as of __________ 1, 200_, among _____________________________________ (the “Depositor”), ________________________, as Master Servicer, and ____________________, as Trustee, which incorporates by reference the Depositor’s Standard Terms to Pooling and Servicing Agreement (collectively, the “Pooling and Servicing Agreement”) In connection with the administration of the Mortgage Loans held by you as the Trustee or Custodian, we request the release and acknowledge receipt, of the Trustee Mortgage Loan File [specify documents if only a partial Trustee Mortgage Loan File is being released]) for the Mortgage Loan described below, for the reason indicated. Mortgagor’s Name and Address & Zip Code: Mortgage Loan Number: Reason for Requesting Documents (check one)
1. Mortgage Loan Paid in Full. (The Master Servicer hereby certifies that all amounts received in connection therewith have been deposited into the applicable Certificate Account as provided in the Pooling and Servicing Agreement.)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Resources Inc)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable the Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i) any material change or amendment to the Pooling and Master Servicing Agreement or any agreement assigned to the Trust;
(ii) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waivedany recommendation by the Master Servicer that a Servicing Agreement with a Servicer be terminated;
(iii) the resignation, termination or merger of the DepositorCompany, the Master Servicer Servicer, the Trustee or the Trusteeany Servicer;
(iv) the purchase or repurchase or substitution of Mortgage Assets pursuant to Section 2.05 hereof; -66- 712.03;
(v) the final payment to the CertificateholdersSecurityholders;
(vi) any change in the location of the related Certificate Account any Master Servicer Custodial Account, Reserve Fund or the Distribution Asset Proceeds Account;
(vii) any event that would result in the inability of the Servicer or the Master Servicer to make Advances regarding delinquent Mortgage Assets or the related Assetsinability of the Trustee to make any such Advance in the event it is serving as the Master Servicer pursuant to Section 7.02 hereof;
(viii) any change in applicable law that would require an assignment Assignment of a MortgageSecurity Instrument, not previously recordedrecorded pursuant to Section 2.01, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property Mortgage Asset or, in case a court should recharacterize the sale of the related Asset Mortgage Assets as a financing, to perfect a first priority security interest in favor of the Trustee in the related Mortgage Asset; or
(ix) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall promptly furnish promptly to each the Rating Agency, Agency at its address set forth in the Pooling and Master Servicing Agreement, Agreement copies of the following:
(i) Each Remittance Reporteach report to Securityholders described in Section 4.01; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereofeach Annual Compliance Statement.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its the address specified in the Pooling and Master Servicing Agreement. Exhibit A-1 FORM OF INITIAL CERTIFICATION [Date] Southpoint Residential Mortgage Securities Corporation Xxxxxx Xxxxxx Tower, Fifty Front Street, 00/xx/ Xxxxx Xxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxx X. Xxxxxxx [Master Servicer] [Address] [Address] Attention: Master Servicing Department Pooling and Master Servicing Agreement, dated as of _________ 1, _____, among Southpoint Residential Mortgage Securities Corporation [ ], as Master Servicer, and _______________, as Trustee, Pass-Through Certificates, Series __-__ Trust.
Appears in 1 contract
Samples: Pooling and Master Servicing Agreement (Southpoint Residential Mortgage Securities Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorOMI, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorOMI's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California North Carolina or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement. EXHIBIT 1 --------- FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of ____________, among Oakwood Mortgage Investors, Inc. ("OMI"), Oakwood Acceptance Corporation and ____________________ , as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of OMI's Standard Terms to Pooling and Servicing Agreement (July 1998 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Oakwood Acceptance Corporation, as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii) the resignation, termination or merger of the Depositor, the Master Servicer or the Trustee;
(iv) the purchase or repurchase or substitution of Assets pursuant to Section 2.05 hereof; -66- 71;
(v) the final payment to the Certificateholders;
(vi) any change in the location of the related Certificate Account or the Distribution Account;
(vii) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related Asset; or
(ix) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Union Planters Mortgage Finance Corp)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it a Responsible Officer has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i1) any amendment to the Pooling and Servicing Agreement (including amendment to this Standard Terms) or any agreement assigned to the Trust;
(ii2) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii3) the resignation, termination or merger of the DepositorCompany, the Master Servicer or the Trustee;
(iv4) the purchase or repurchase or substitution of Assets Contracts pursuant to Section 2.05 2.06 hereof; -66- 71;
(v5) the final payment to the Certificateholders;
(vi6) any change in the location of the related Certificate Account or the Distribution Account;
(vii7) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) 8) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Real Property or Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related AssetAsset or the occurrence of either of the circumstances described in clause (1) or (2) of Section 2.06(b) hereof relating to the retitling of Manufactured Homes; or
(ix9) any change in the DepositorCompany's or the Master Servicer's name or place of business or the relocation of the Master Contract Files or Servicer Contract Files or the Servicer Mortgage Loan Files to a location outside the State of California Florida or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 3.13 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by express delivery service to each Rating Agency at its address specified in the Pooling and Servicing Agreement.
EXHIBIT 1 FORM OF SERVICER'S CUSTODIAL CERTIFICATION [DATE] [NAME AND ADDRESS OF TRUSTEE] Pooling and Servicing Agreement, dated as of _______________, among Bombardier Capital Mortgage Securitization Corporation (the "Company"), Bombardier Capital Inc. and _______________, as Trustee Ladies and Gentlemen: In accordance with Section 2.02(b) of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement (the "Agreement"), Bombardier Capital Inc., as Servicer under the Agreement, hereby confirms that it is in possession of a complete Contract File for each of the Contracts identified on Schedule I to the Agreement, subject to those exceptions identified on the schedule attached hereto. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. BOMBARDIER CAPITAL INC. By: ______________________________________ Name: ____________________________________ Title: ___________________________________ EXHIBIT 2-A FORM OF INITIAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [_____________________________] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [_____________________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 19__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and _____________________________, as Trustee, Pass-Through Certificates, _____________________________ BCMSC Trust 19____-____. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has reviewed the Trustee Mortgage Loan File and has determined that, except as noted on the Schedule of Exceptions attached hereto: (i) all documents required to be included in the Trustee Mortgage Loan File (as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms) are in its possession or in the possession of a Custodian on its behalf; (ii) such documents have been reviewed by it, or a Custodian on its behalf, and appear regular on their face and relate to such Mortgage Loan; and (iii) based on examination by it, or by a Custodian on its behalf, and only as to such documents, the information set forth on the Mortgage Loan Schedule to the Pooling and Servicing Agreement accurately reflects the information set forth in the Trustee Mortgage Loan File. The undersigned further certifies that the Trustee's review, or the review of its Custodian, of each Trustee Mortgage Loan File included each of the procedures listed in Section 2.03(c)(2) of the Standard Terms. Except as described herein, neither the Trustee, nor any Custodian on its behalf, has made an independent examination of any documents contained in any Trustee Mortgage Loan File. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any documents contained in any Trustee Mortgage Loan File for any of the Mortgage Loans listed on the Mortgage Loan Schedule to the Pooling and Servicing Agreement, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By: ______________________________________ Its: _____________________________________ EXHIBIT 2-B FORM OF FINAL CERTIFICATION [Date] Bombardier Capital Mortgage Securitization Corporation 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [_____________________________] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [_____________________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 19__, Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and _____________________________, as Trustee, Pass-Through Certificates, _____________________________ BCMSC Trust 19__-__. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that, except as noted on the Schedule of Exceptions attached hereto, for each Mortgage Loan listed in the Mortgage Loan Schedule to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on the attachment hereto) it, or a Custodian on its behalf, has received a complete Trustee Mortgage Loan File which includes each of the documents required to be included in the Trustee Mortgage Loan File as set forth in the definition of "Trustee Mortgage Loan File" in the Standard Terms. Neither the Trustee nor any Custodian on its behalf has made an independent examination of any documents contained in any Trustee Mortgage Loan File beyond the review specifically required in the above captioned Pooling and Servicing Agreement. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in any Trustee Mortgage Loan File or any of the Mortgage Loans listed on the Mortgage Loan Schedule, (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Trustee Mortgage Loan File should include any assumption agreement, modification agreement, written assurance or substitution agreement. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"). [TRUSTEE] By: ______________________________________ Its: _____________________________________ EXHIBIT 3 FORM OF RECORDATION REPORT [Date] Bombardier Capital Inc. 0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: [_____________________________] Re: Pooling and Servicing Agreement, dated as of _________ 1, 19__, among Bombardier Capital Mortgage Securitization Corporation, Bombardier Capital Inc., as Servicer, and _____________________________, as Trustee, Pass-Through Certificates, _____________________________ BCMSC Trust 19__-__. Gentlemen: In accordance with Section 2.03 of the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (the "Standard Terms"), which are incorporated by reference into the above-referenced Pooling and Servicing Agreement, the undersigned, as Trustee hereby notifies you, that as of the date hereof with respect to the following Mortgage Loans it has not received the indicated documents: MORTGAGE LOANS DOCUMENTS NOT RECEIVED -------------- ------------------------------------------------------- ORIGINAL RECORDED ORIGINAL RECORDED ASSIGNMENT OF MORTGAGE MORTGAGE OR CERTIFIED COPY OR CERTIFIED COPY BCI LOAN NUMBER THEREOF THEREOF* --------------- ------- -------- [TRUSTEE] By: ______________________________________ Its: _____________________________________ -------- * NOT REQUIRED FOR MORTGAGE LOANS FOR WHICH THE COMPANY HAS WAIVED RECORDATION OF ASSIGNMENTS. EXHIBIT 4 REQUEST FOR RELEASE OF DOCUMENTS AND RECEIPT TO: [Name and Address of Trustee or Custodian] RE: Pooling and Servicing Agreement, dated as of _________ 1, 19__ among Bombardier Capital Mortgage Securitization Corporation (the "Company"), Bombardier Capital Inc., as Servicer, and ____________________________, as Trustee, which incorporates by reference the Company's Standard Terms to Pooling and Servicing Agreement (November 1998 Edition) (collectively, the "Pooling and Servicing Agreement"). In connection with the administration of the Mortgage Loans held by you as the Trustee or Custodian, we request the release and acknowledge receipt, of the Trustee Mortgage Loan File [specify documents if only a partial Trustee Mortgage Loan File is being released]) for the Mortgage Loan described below, for the reason indicated. Mortgagor's Name and Address & Zip Code: Mortgage Loan Number: Reason for Requesting Documents (check one)
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Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
