Notice to Rating Agency. The Trustee shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge: (a) Any material change or amendment to this Agreement; (b) The occurrence of any Master Servicer Event of Default that has not been cured or waived; (c) The resignation or termination of the Master Servicer or the Trustee; (d) The repurchase or substitution of Mortgage Loans pursuant to or as contemplated by Section 2.03; (e) The final payment to the Holders of any Class of Certificates; (f) Any change in the location of the Collection Account or the Distribution Account; (g) Any event that would result in the inability of the Trustee, were it to succeed as Master Servicer, to make advances regarding delinquent Mortgage Loans; and (h) The filing of any claim under the Master Servicer's blanket bond and errors and omissions insurance policy required by Section 3.14 or the cancellation or material modification of coverage under any such instrument. In addition, the Trustee shall promptly furnish to the Rating Agency copies of each report to Certificateholders described in Section 4.02 and the Master Servicer, as required pursuant to Section 3.20 and Section 3.21, shall promptly furnish to the Rating Agency copies of the following: 1. Each annual statement as to compliance described in Section 3.20; and 2. Each annual independent public accountants' servicing report described in Section 3.21. Any such notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by first class mail, postage prepaid, or by express delivery service to Moody's Investors Servixx, Xxx., 99 Church Street, New Yxxx, Xxx Xxxx 00000, Xxxxxxxxx: Xxxxxxxxxxl Mortgage Surveillance Group, and Fitch Ratings, One State Street Plaza, Xxx Xxxx, Xxx Xxxx 00000, xx xxxx xxxxx xxxxxxxes as each such Rating Agency may designate in writing to the parties hereto.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgag Loan Trust Series 2003-Up3), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Ncm2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Mortgage Pass-Through Certificates, Series 2004-Ncm1)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to the each Rating Agency with respect to each of the following of which it has actual knowledge:
(ai) Any any material change or amendment to this Agreementthe Trust Agreement or any agreement assigned to the Trust;
(bii) The the occurrence of any Master Servicer 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;
(ciii) The resignation the resignation, termination or termination merger of Saxon, the Master Servicer Servicer, the Trustee or the Trusteeany Servicer;
(div) The repurchase the purchase or substitution of Mortgage Loans pursuant to or as contemplated by Section 2.032.03 hereof;
(ev) The the final payment to the Holders of any Class of CertificatesCertificateholders;
(fvi) Any any change in the location of the Collection Account any Master Servicer Custodial Account, Reserve Fund or the Distribution Asset Proceeds Account;
(gvii) Any any event that would result in the inability of the Trustee, were it to succeed as Servicer or the Master Servicer, Servicer to make advances Advances regarding delinquent Mortgage Loans; andLoans or the inability of the Trustee to make any such Advance if it is serving as the Master Servicer pursuant to Section 7.02 hereof;
(hviii) any change in applicable law that would require an Assignment of a Security Instrument, not previously recorded 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 Mortgage Loan or, in case a court should recharacterize the sale of the Mortgage Loans as a financing, to perfect a first priority security interest in favor of the Trustee in the related Mortgage Loan.
(b) The filing Master Servicer shall promptly notify the Trustee of any claim under of the Master Servicer's blanket bond and errors and omissions insurance policy required by events listed in Section 3.14 or the cancellation or material modification 11.08(a) of coverage under any such instrumentwhich it has actual knowledge. In addition, the Trustee shall promptly furnish to the each Rating Agency at its address set forth in the Trust Agreement copies of the following:
(i) each report to Certificateholders described in Section 4.02 and the Master Servicer, as required pursuant to Section 3.20 and Section 3.21, shall promptly furnish to the Rating Agency copies of the following:
1. Each annual statement as to compliance described in Section 3.204.01 hereof; and
2. Each annual independent public accountants' servicing report described in Section 3.21. (ii) each Annual Compliance Statement.
(c) Any such 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 at or mailed by first class mail, postage prepaid, or by express delivery service service, to Moody's Investors Servixxeach Rating Agency at the address specified in the Trust Agreement. FORM OF INITIAL CERTIFICATION [____________], Xxx., 99 Church Street, New Yxxx, 199[_] Saxon Asset Securities Company 0000 Xxx Xxxx 00000Glen Allen, XxxxxxxxxVirginia 23060 Attention: Xxxxxxxxxxl Mortgage Surveillance Group[____________________] [TRUSTEE] [-------------------------] [-------------------------] Attention: [____________________] [MASTER SERVICER] [-------------------------] [-------------------------] Attention: [____________________] Trust Agreement, dated as of [____________], 199[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and Fitch Ratings[____________________]_, One State Street Plazaas Trustee, Xxx XxxxMortgage Loan Asset Backed Certificates, Xxx Xxxx 00000, xx xxxx xxxxx xxxxxxxes as each such Rating Agency may designate in writing to the parties hereto.Series 199[_]-[_] Ladies and Gentlemen:
Appears in 2 contracts
Samples: Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co)
Notice to Rating Agency. The Trustee shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
(a) 1. Any material change or amendment to this Agreement;
(b) 2. The occurrence of any Master Servicer Event of Default that has not been cured or waived;
(c) 3. The resignation or termination of the Master Servicer or the Trustee;
(d) 4. The repurchase or substitution of Mortgage Loans pursuant to or as contemplated by Section 2.03;
(e) 5. The final payment to the Holders of any Class of Certificates;
(f) 6. Any change in the location of the Collection Account or the Distribution Account;
(g) 7. Any event that would result in the inability of the Trustee, were it to succeed as Master Servicer, to make advances regarding delinquent Mortgage Loans; and
(h) 8. The filing of any claim under the Master Servicer's blanket bond and errors and omissions insurance policy required by Section 3.14 or the cancellation or material modification of coverage under any such instrument. In addition, the Trustee shall promptly furnish to the Rating Agency copies of each report to Certificateholders described in Section 4.02 and the Master Servicer, as required pursuant to Section 3.20 and Section 3.21, shall promptly furnish to the Rating Agency copies of the following:
1. Each annual statement as to compliance described in Section 3.20; and
2. Each annual independent public accountants' servicing report described in Section 3.21. Any such notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by first class mail, postage prepaid, or by express delivery service to MoodyStandard & Poor's Investors ServixxRatings Services, Xxx., 99 Church 55 Water Street, 41st Floor, New YxxxYorx, Xxx Xxxx XX 00000, Xxxxxxxxx: Xxxxxxxxxxl Mortgage Surveillance Xxxxxxxxxxx Xxxxxxxx Xxrveillance Group. and Fitch, and Fitch RatingsInc., One State Street Plaza, Xxx XxxxNew York, Xxx Nex Xxxx 00000, xx xxxx xxxxx xxxxxxxes as each such xxxxxxxxx xx xxxx xxch Rating Agency may designate in writing to the parties hereto.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Union Planters Mortgage Loan Trust Series 2001-Up1), Pooling and Servicing Agreement (Union Planters Mort Pass THR Cert Ser 2000-Up1)
Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to the each Rating Agency with respect to each of the following of which it has actual knowledge:
(ai) Any any material change or amendment to this Agreementthe Trust Agreement or any agreement assigned to the Trust;
(bii) The the occurrence of any Master Servicer 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;
(ciii) The resignation the resignation, termination or termination merger of Saxon, the Master Servicer Servicer, the Trustee or the Trusteeany Servicer;
(div) The repurchase the purchase or substitution of Mortgage Loans pursuant to or as contemplated by Section 2.032.03 hereof;
(ev) The the final payment to the Holders of any Class of CertificatesCertificateholders;
(fvi) Any any change in the location of the Collection Account any Master Servicer Custodial Account, Reserve Fund or the Distribution Asset Proceeds Account;
(gvii) Any any event that would result in the inability of the Trustee, were it to succeed as Servicer or the Master Servicer, Servicer to make advances Advances regarding delinquent Mortgage Loans; andLoans or the inability of the Trustee to make any such Advance if it is serving as the Master Servicer pursuant to Section 7.02 hereof;
(hviii) any change in applicable law that would require an Assignment of a Security Instrument, not previously recorded 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 Mortgage Loan or, in case a court should recharacterize the sale of the Mortgage Loans as a financing, to perfect a first priority security interest in favor of the Trustee in the related Mortgage Loan.
(b) The filing Master Servicer shall promptly notify the Trustee of any claim under of the Master Servicer's blanket bond and errors and omissions insurance policy required by events listed in Section 3.14 or the cancellation or material modification 11.08(a) of coverage under any such instrumentwhich it has actual knowledge. In addition, the Trustee shall promptly furnish to the each Rating Agency at its address set forth in the Trust Agreement copies of the following:
(i) each report to Certificateholders described in Section 4.02 and the Master Servicer, as required pursuant to Section 3.20 and Section 3.21, shall promptly furnish to the Rating Agency copies of the following:
1. Each annual statement as to compliance described in Section 3.204.01 hereof; and
2. Each annual independent public accountants' servicing report described in Section 3.21. (ii) each Annual Compliance Statement.
(c) Any such 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 at or mailed by first class mail, postage prepaid, or by express delivery service service, to Moody's Investors Servixxeach Rating Agency at the address specified in the Trust Agreement. Exhibit A-1 FORM OF INITIAL CERTIFICATION [____________], Xxx., 99 Church Street, New Yxxx, 200[_] Saxon Asset Securities Company 0000 Xxx Xxxx 00000Glen Allen, XxxxxxxxxVirginia 23060 Attention: Xxxxxxxxxxl Mortgage Surveillance Group[____________________] [TRUSTEE] [_________________________] [_________________________] Attention: [____________________] [MASTER SERVICER] [_________________________] [_________________________] Attention: [____________________] Trust Agreement, dated as of [____________], 200[_] among Saxon Asset Securities Company, [____________________], as Master Servicer, and Fitch Ratings[____________________]_, One State Street Plazaas Trustee, Xxx XxxxMortgage Loan Asset Backed Certificates, Xxx Xxxx 00000, xx xxxx xxxxx xxxxxxxes as each such Rating Agency may designate in writing to the parties hereto.Series 200[_]-[_] Ladies and Gentlemen:
Appears in 2 contracts
Samples: Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co)
Notice to Rating Agency. The Trustee shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
(a) 1. Any material change or amendment to this Agreement;
(b) 2. The occurrence of any Master Servicer Event of Default that has not been cured or waived;
(c) 3. The resignation or termination of the Master Servicer Servicer, the Trust Administrator or the Trustee;
(d) 4. The repurchase or substitution of Mortgage Loans pursuant to or as contemplated by Section 2.03;
(e) 5. The final payment to the Holders of any Class of Certificates;
(f) 6. Any change in the location of the Collection Account or the Distribution Account;
(g) 7. Any event that would result in the inability of the Trustee, were it to succeed as Master Servicer, to make advances regarding delinquent Mortgage Loans; and
(h) 8. The filing of any claim under the Master Servicer's blanket bond and errors and omissions insurance policy required by Section 3.14 or the cancellation or material modification of coverage under any such instrument. In addition, the Trustee shall promptly furnish to the Rating Agency copies of each report to Certificateholders described in Section 4.02 and the Master Servicer, as required pursuant to Section 3.20 and Section 3.21, shall promptly furnish to the Rating Agency copies of the following:
1. Each annual statement as to compliance described in Section 3.20; and
2. Each annual independent public accountants' servicing report described in Section 3.21. Any such notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by first class mail, postage prepaid, or by express delivery service to MoodyStandard & Poor's Investors ServixxRatings Services, Xxx., 99 Church Street, New Yxxx, Xxx Xxxx 00000, Xxxxxxxxx: Xxxxxxxxxxl Mortgage Surveillance Group, and Fitch Ratings, One State Street Plaza00 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, xx xxxx xxxxx xxxxxxxes or such other addresses as each such the Rating Agency may designate in writing to the parties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Mort Pas Th Ce Ser 2000-1)
Notice to Rating Agency. The Trustee Trust Administrator shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
(a) Any material change or amendment to this Agreement;
(b) The occurrence of any Master Servicer Event of Default Termination that has not been cured or waived;
(c) The resignation or termination of the Master Servicer Servicer, the Trust Administrator or the Trustee;
(d) The repurchase or substitution of Mortgage Loans pursuant to or as contemplated by Section 2.03;
(e) The final payment to the Holders of any Class of Certificates;
(f) Any change in the location of the Master Servicer Collection Account or the Distribution Account;
(g) Any event that would result in the inability of the Trustee, were it to succeed as Master Servicer, to make advances regarding delinquent Mortgage LoansLoans to the same extent the Master Servicer is required to make such advances as provided in Section 4.03; and
(h) The filing of any claim under the Master Servicer's blanket bond and errors and omissions insurance policy required by Section 3.14 hereunder or the cancellation or material modification of coverage under any such instrument. In addition, the Trustee Trust Administrator shall promptly furnish make available to the Rating Agency copies of each report to Certificateholders described in Section 4.02 and the Master Servicer, as required pursuant to Section 3.20 and Section 3.21, Servicer shall promptly furnish or cause to be furnished to the Rating Agency copies of the following:
1. Each annual statement as to compliance described in Section 3.203.16; and
2. Each annual independent public accountants' servicing report described in Section 3.213.17. Any such notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by first class mail, postage prepaid, or by express delivery service to Moody's Investors ServixxXxxxxxe, Xxx.Inc., 99 Church Street, New YxxxXxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxx: Xxxxxxxxxxl Xxxxdential Mortgage Surveillance Group, and Fitch RatingsStandard & Poor's, One State Street Plazaa division of the McGraw-Hill Compaxxxx, Xxx., 55 Water Street, Xxx Xxxx, Xxx Xxxx 00000, xx xxxx xxxxx xxxxxxxes xddresses as each such Rating Agency may designate in writing to the parties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brots Mort Sec Vii Inc Citigroup Mort Ln Tr 03 Hyb1)
Notice to Rating Agency. The Trustee shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
(a) Any material change or amendment to this Agreement;
(b) The occurrence of any Master Servicer Event of Default that has not been cured or waived;
(c) The resignation or termination of the Master Servicer or the Trustee;
(d) The repurchase or substitution of Mortgage Loans pursuant to or as contemplated by Section 2.03;
(e) The final payment to the Holders of any Class of Certificates;
(f) Any change in the location of the Collection Account or the Distribution Account;
(g) Any event that would result in the inability of the Trustee, were it to succeed as Master Servicer, to make advances regarding delinquent Mortgage Loans; and
(h) The filing of any claim under the Master Servicer's blanket bond and errors and omissions insurance policy required by Section 3.14 or the cancellation or material modification of coverage under any such instrument. In addition, the Trustee shall promptly furnish to the Rating Agency copies of each report to Certificateholders described in Section 4.02 and the Master Servicer, as required pursuant to Section 3.20 and Section 3.21, shall promptly furnish to the Rating Agency copies of the following:
1. Each annual statement as to compliance described in Section 3.20; and
2. Each annual independent public accountants' servicing report described in Section 3.21. Any such notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by first class mail, postage prepaid, or by express delivery service to Moody's Xxxxx'x Investors ServixxService, Xxx.Inc., 99 Church Street, New Yxxx, Xxx Xxxx 00000, Xxxxxxxxx: Xxxxxxxxxxl Mortgage Surveillance Group, and Fitch Ratings, One State Street Plaza00 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, xx xxxx xxxxx xxxxxxxes Attention: Residential Mortgage Surveillance Group, and Standard & Poor's, a division of the XxXxxx-Xxxx Companies, Inc., 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or such other addresses as each such Rating Agency may designate in writing to the parties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Bro Mor Sec Vii Inc Citigroup Mor Ln Tr Ser 2003-Up2)