Common use of Obligations of the Custodian Clause in Contracts

Obligations of the Custodian. With respect to the Mortgage Note, the Mortgage and the Assignment and other documents constituting each Custodial File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial File for the exclusive use and benefit of the Trustee, and shall make disposition thereof only in accordance with this Agreement and the instructions furnished by the Trustee. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial File in secure and fire-resistant facilities in accordance with customary standards for such custody. The Custodian shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any document in each Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness or suitability of any Mortgage Loan. The Custodian shall not execute any endorsements on the Mortgage Notes and Assignments of Mortgages without the prior written consent of the Trustee, except as otherwise set forth in Section 2 of this Agreement or as otherwise agreed to between the Trustee and the Custodian.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt1)

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Obligations of the Custodian. With respect to the Mortgage Note, the Mortgage and the Assignment of Mortgage and other documents constituting each Custodial File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial File for the exclusive use and benefit of the Trustee, and shall make disposition thereof only in accordance with this Custodial Agreement and the instructions furnished by the Trustee. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial File in secure and fire-resistant facilities in accordance with customary standards for such custody. The Custodian shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any document in each the Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness including the authority or capacity of any Person to execute or issue any document in the Custodial File, or suitability of any Mortgage LoanLoan unless specified otherwise in this Custodial Agreement. The Custodian shall not execute any endorsements on the Mortgage Notes and Assignments of Mortgages without the prior written consent of the Trustee, except as otherwise set forth in Section 2 of this Agreement or as otherwise agreed promptly report to between the Trustee any failure on its part to hold the Custodial Files and the Custodianmaintain its accounts, records and computer systems as herein provided and promptly take appropriate action to remedy such failure.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-6), Custodial Agreement (C-Bass 2006-Cb6 Trust), Pooling and Servicing Agreement (SABR LLC Trust 2006-Cb1)

Obligations of the Custodian. With respect to the Mortgage Note, the Mortgage and the Assignment and other documents constituting each Custodial File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee Trustee, on behalf of the Certificateholders exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial File for the exclusive use and benefit of the Trustee, and shall make disposition thereof only in accordance with this Agreement and the instructions furnished by the Trustee. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial File in secure and fire-resistant facilities in accordance with customary standards for such custody. The Custodian shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any document in each Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness or suitability of any Mortgage Loan. The Custodian shall not execute any endorsements on the Mortgage Notes and Assignments of Mortgages without the prior written consent of the Trustee, except as otherwise set forth in Section 2 of this Agreement or as otherwise agreed to between the Trustee and the Custodian. The Custodian shall, at the written request of the Trustee, provide a written report to the Trustee of all Custodial Files released to the Servicer for servicing purposes.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust, Series 2005-Opt3), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust Inc Series 2005-Opt2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2005-Opt1)

Obligations of the Custodian. (a) With respect to the Mortgage Note, the Mortgage and the Assignment and other documents constituting each Custodial File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Indenture Trustee exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial File Files for the exclusive use and benefit of the TrusteeIndenture Trustee on behalf of the Noteholders and MBIA, and shall make disposition thereof only in accordance with this Indenture, the Servicing Agreement and or the instructions furnished by the TrusteeIndenture Trustee provided such instructions are consistent with this Indenture and the Servicing Agreement unless otherwise directed in writing by MBIA. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial File Loan Contract Files in secure and fire-resistant fireproof facilities in accordance with customary standards for such custody. The Custodian makes no representations as to and shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization authorization, recordability or genuineness of any document in each Custodial File the Loan Contract Files or of any of the Mortgage Loans Loan Contracts or (ii) the collectability, insurability, effectiveness or suitability of any Mortgage Loan. The Loan Contract. (b) Upon the payment in full of any Loan Contract or redemption of the Notes by the Issuer or MBIA, which shall be evidenced by the delivery to the Custodian of the Request for Release of Documents, the Custodian shall not execute any endorsements on promptly release the Mortgage Notes and Assignments of Mortgages without related Custodial File to the prior written consent of the Trustee, except as Servicer or MBIA unless otherwise set forth in Section 2 of this Agreement or as otherwise agreed to between the Trustee and the Custodianinstructed by such party.

Appears in 1 contract

Samples: Indenture (Autoinfo Inc)

Obligations of the Custodian. With respect to the Mortgage Note, the Mortgage and the Assignment and other documents constituting each Custodial File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial File for the exclusive use and benefit of the Trustee, and shall make disposition thereof only in accordance with this Agreement and the instructions furnished by the Trustee. The Custodian shall segregate and identify the Mortgage Loan Files by pool on its automated data system and maintain continuous custody of all mortgage documents constituting the Custodial File in secure and fire-resistant facilities in accordance with customary standards for such custody. The Custodian shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any document in each Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness or suitability of any Mortgage Loan. The Custodian shall not execute any endorsements on the Mortgage Notes and Assignments of Mortgages without the prior written consent of the Trustee, except as otherwise set forth in Section 2 of this Agreement or as otherwise agreed to between the Trustee and the Custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-2)

Obligations of the Custodian. With respect to the Mortgage Note, the Mortgage and the Assignment of Mortgage and other documents constituting each Custodial File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial File for the exclusive use and benefit of the Trustee, and shall make disposition thereof only in accordance with this Agreement and the instructions furnished by the Trustee. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial File in secure and fire-resistant facilities in accordance with customary standards for such custody. The Custodian shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any document in each Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness or suitability of any Mortgage Loan. The Custodian shall not execute any endorsements on the Mortgage Notes and Assignments of Mortgages without the prior written consent of the Trustee, except as otherwise set forth in Section 2 of this Agreement or as otherwise agreed to in writing between the Trustee and the Custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)

Obligations of the Custodian. With respect to the Mortgage Note, the Mortgage and the Assignment of Mortgage and other documents constituting each Custodial File which is are delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial File for the exclusive use and benefit of the Trustee, and shall make disposition thereof only in accordance with this Custodial Agreement and the instructions furnished by the Trustee. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial File in secure and fire-resistant facilities in accordance with customary standards for such custody. The Custodian shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any document in each the Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness including the authority or capacity of any Person to execute or issue any document in the Custodial File, or suitability of any Mortgage LoanLoan unless specified otherwise in this Custodial Agreement. The Custodian shall not execute any endorsements on the Mortgage Notes and Assignments of Mortgages without the prior written consent of the Trustee, except as otherwise set forth in Section 2 of this Agreement or as otherwise agreed promptly report to between the Trustee any failure on its part to hold the Custodial Files and the Custodianmaintain its accounts, records and computer systems as herein provided and promptly take appropriate action to remedy such failure.

Appears in 1 contract

Samples: Custodial Agreement (C-Bass 2007-Cb5 Trust)

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Obligations of the Custodian. With respect to the Mortgage Note, the Mortgage and the Assignment of Mortgage and other documents constituting each Custodial Mortgage File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial Mortgage File for the exclusive use and benefit of the Trustee, and shall make disposition thereof only in accordance with this Custodial Agreement and the instructions furnished by the Trustee. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial Mortgage File in secure and fire-resistant facilities in accordance with customary standards for such custody. The Custodian shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any document in each Custodial the Mortgage File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness including the authority or capacity of any Person to execute or issue any document in the Mortgage File, or suitability of any Mortgage LoanLoan unless specified otherwise in this Custodial Agreement. The Custodian shall not execute promptly report to the Trustee any endorsements failure on its part to hold the Mortgage Notes Files and Assignments of Mortgages without the prior written consent of the Trusteemaintain its accounts, except records and computer systems as otherwise set forth in Section 2 of this Agreement or as otherwise agreed herein provided and promptly take appropriate action to between the Trustee and the Custodianremedy such failure.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (NYMT Securities CORP)

Obligations of the Custodian. With respect to the Mortgage Note, the Mortgage and the Assignment of Mortgage and other documents constituting each Custodial File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee exclusively. The Custodian shall hold all mortgage documents received by it constituting the Custodial File for the exclusive use and benefit of the Trustee, and shall make disposition thereof only in accordance with this Custodial Agreement and the instructions furnished by the Trustee. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial File in secure and fire-resistant facilities in accordance with customary standards for such custody. The Custodian shall not be responsible to verify (i) the validity, legality, ownership, title, enforceability, recordability, priority, perfection, sufficiency, due authorization or genuineness of any document in each the Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness including the authority or capacity of any Person to execute or issue any document in the Custodial File, or suitability of any Mortgage LoanLoan unless specified otherwise in this Custodial Agreement. The Custodian shall not execute any endorsements on the Mortgage Notes and Assignments of Mortgages without the prior written consent of the Trustee, except as otherwise set forth in Section 2 of this Agreement or as otherwise agreed promptly report to between the Trustee any failure on its part to hold the Custodial Files and the Custodianmaintain its accounts, records and computer systems as herein provided and promptly take appropriate action to remedy such failure.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Five Oaks Investment Corp.)

Obligations of the Custodian. (a) With respect to the Mortgage Note, the Mortgage and the Assignment and other documents constituting each Custodial File which is delivered to the Custodian or which come into the possession of the Custodian, the Custodian is the custodian for the Trustee exclusivelyIndenture Trustee, on behalf of the Note Insurer and the Securityholders. The Custodian shall hold all mortgage documents received by it constituting the Custodial File Files for the exclusive use and benefit of the TrusteeIndenture Trustee on behalf of the Securityholders and the Note Insurer, and shall make disposition thereof only in accordance with this Agreement and or the instructions furnished by the TrusteeIndenture Trustee provided such instructions are consistent with this Agreement unless otherwise directed in writing by the Note Insurer. The Custodian shall segregate and maintain continuous custody of all mortgage documents constituting the Custodial File Files in secure and fire-fire resistant facilities in accordance with customary standards for such custody. The Custodian makes no representations as to and shall not be responsible to verify (i) the validity, legality, enforceability, sufficiency, due authorization authorization, recordability or genuineness of any document in each the Custodial File Files or of any of the Mortgage Loans Receivables or (ii) the collectability, insurability, effectiveness or suitability of any Mortgage Loan. The Receivable. (b) Upon the payment in full of any Receivable or redemption of the Notes by the Servicer, the Indenture Trustee or the Note Insurer, which shall be evidenced by the delivery to the Custodian of the Request for Release of Documents, the Custodian shall not execute any endorsements on promptly release the Mortgage Notes and Assignments of Mortgages without related Custodial File to the prior written consent of Servicer or the Trustee, except as Note Insurer unless otherwise set forth instructed in Section 2 of this Agreement or as otherwise agreed to between the Trustee and the Custodianwriting by such party.

Appears in 1 contract

Samples: Sale and Servicing Agreement (SSB Vehicle Securities Inc)

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