Common use of Obligations of the Electronic Agent Clause in Contracts

Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) Upon receipt of a Notice of Servicing Termination Event, in the form of Exhibit C, from the Purchaser in which the Purchaser shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event has occurred (the “Affected Loans”), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser or the Purchaser’s designee with respect to such Affected Loans. Following such Notice of Servicing Termination Event, the Electronic Agent shall follow the instructions of the Purchaser with respect to the Affected Loans without further consent of the Seller, and shall deliver to the Purchaser any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the Purchaser. (c) Upon the Purchaser’s request and instructions, and at the Seller’s sole cost and expense, the Electronic Agent shall deliver to the Purchaser or the Purchaser’s designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecorded; provided however, that the Electronic Agent shall not be required to comply with the foregoing unless the costs and expenses of doing so shall be paid by the Seller or a third party. (d) The Electronic Agent shall promptly notify the Purchaser if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Loans. Upon the reasonable request of the Purchaser, the Electronic Agent shall review the field designated “interim funder” and shall notify the Purchaser if any Person (other than the Purchaser) is identified in the field designated “interim funder”. (e) In the event that (i) the Seller, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) Upon the request of the Purchaser, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the Purchaser, shall change the information in such fields in accordance with the Purchaser’s instructions. (g) MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third party. (h) MERS may cause certain officers of the Purchaser to be appointed officers of MERS, with authority to wield all of the powers specified in the corporate resolution of MERS, with respect to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.

Appears in 2 contracts

Samples: Electronic Tracking Agreement, Electronic Tracking Agreement

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Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in on the MERS® System as the servicer or if a subservicer is identified in on the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) Upon receipt of a Notice of Servicing Termination EventDefault, in the form of Exhibit C, from the Purchaser Bank in which the Purchaser Bank shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event the Company’s right to act as servicer or subservicer thereof has occurred been terminated by the Bank (the “Affected Loans”), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser Bank or the PurchaserBank’s designee with respect to such Affected Loans. Following such Notice of Servicing Termination EventDefault, the Electronic Agent shall promptly follow the instructions of the Purchaser Bank with respect to the Affected Loans without further consent of or notice to the SellerCompany, and shall deliver to the Purchaser Bank any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the PurchaserBank. (c) Upon the PurchaserBank’s request and instructions, and at the SellerCompany’s sole cost and expense, the Electronic Agent shall deliver to the Purchaser Bank or the PurchaserBank’s designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecordedunrecorded with respect to each Affected Loan; provided however, that the Electronic Agent shall not be required to comply with the foregoing unless the costs and expenses of doing so shall be paid by the Seller Company or a third party. (d) The Electronic Agent shall promptly notify the Purchaser Bank in writing if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Mortgage Loans. Upon the reasonable request of the PurchaserBank, the Electronic Agent shall review the MERS field designated “interim funder” and shall notify the Purchaser Bank in writing if any Person (other than the PurchaserBank) is identified in the field designated “interim funder”. (e) In the event that (i) the SellerCompany, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) Upon the request of the PurchaserBank, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the PurchaserBank, shall change the information in such fields in accordance with the PurchaserBank’s instructions. (g) MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall promptly take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller Company and only if such costs and expenses are paid by the Seller Company or a third party. (h) MERS may cause has caused certain officers of the Purchaser Bank to be appointed officers of MERSMERS with respect to the MERS Designated Mortgage Loans, with authority the power to wield all of the powers specified in the corporate resolution Corporate Resolution dated November 20, 2003, of MERS, with respect to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.which a facsimile thereof is attached hereto as Exhibit D.

Appears in 2 contracts

Samples: Mortgage Loan Repurchase Agreement (Sirva Inc), Mortgage Loan Purchase and Sale Agreement (National Credit & Guaranty CORP)

Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® MERS(R) System as the servicer or if a subservicer is identified in the MERS® MERS(R) System, the subservicer for such MERS Designated Mortgage Loan. (b) Upon receipt of a Notice of Servicing Termination Event, in the form of Exhibit C, Default from the Purchaser Custodian, in which the Purchaser Custodian shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event of Default has occurred (the "Affected Loans"), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® MERS(R) System as the Purchaser Buyer or the Purchaser’s its designee with respect to such Affected Loans. Following such Notice of Servicing Termination EventDefault, the Electronic Agent (i) shall not permit the Seller to change any MERS fields, (ii) shall follow the instructions of the Purchaser Buyer or Custodian with respect to the Affected Loans without further consent of the Seller, and (iii) shall deliver to the Purchaser Custodian any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the PurchaserBuyer or Custodian (acting at Buyer's direction). (c) Upon the Purchaser’s Buyer's or Custodian's (acting at Buyer's direction) request and instructions, and at the Seller’s 's sole cost and expense, the Electronic Agent shall deliver to the Purchaser Custodian or the Purchaser’s Custodian's designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecorded; provided , provided, however, that the Electronic Agent shall not be required to comply with the foregoing unless the costs and expenses of doing so shall be paid by the Seller or a third party. (d) The Electronic Agent shall promptly notify the Purchaser Custodian if it has actual knowledge that (i) any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected MERS Designated Mortgage Loans other than in favor of the Buyer or Custodian, or (ii) if any party (other than the Buyer or Custodian) is listed on the MERS(R) System as Interim Funder with respect to any of the MERS Designated Mortgage Loans (provided, that the parties hereto understand and agree that the Custodian is not intended or required to be listed as Interim Funder with respect to any of the MERS Designated Mortgage Loans). Upon the reasonable request of the PurchaserBuyer or Custodian, the Electronic Agent shall review the field designated "interim funder" and shall notify the Purchaser Custodian (acting at Buyer's direction) if any Person (other than the PurchaserBuyer or Custodian) is identified in the field designated "interim funder." (e) In the event that (i) the Seller, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) Upon the request of the PurchaserBuyer or Custodian (acting at Buyer's direction), the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans to ensure that they have been registered in accordance with the terms of this Agreement and, if requested by the PurchaserBuyer or Custodian (acting at Buyer's direction), shall change the information in such fields in accordance with the Purchaser’s Buyer's Custodian's (acting at Buyer's direction) instructions. The Seller hereby expressly authorizes the Electronic Agent to comply with any such instructions of the Custodian. (g) At the request of the Servicer, with respect to any MERS Designated Mortgage Loan, or, in the case of an Event of Default, at the request of the Buyer or Custodian (acting at Buyer's direction), MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® SystemLoans, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third party; provided, that whether or not an Event of Default shall exist, MERS shall not execute or record any such instrument without the prior written consent of the Buyer or Custodian (acting at Buyer's direction). (h) MERS may shall cause certain officers of the Purchaser Custodian to be appointed officers of MERSMERS with respect to the MERS Designated Mortgage Loans, with authority the power to wield all of the powers specified in the form of corporate resolution of MERS, with respect used to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.appoint such officer attached hereto as Exhibit D.

Appears in 1 contract

Samples: Custodial and Disbursement Agreement (Oak Street Financial Services Inc)

Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) Upon receipt of a Notice of Servicing Termination Event, in the form of Exhibit C, from the Purchaser Buyer in which the Purchaser Buyer shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event has occurred (the “Affected Loans”), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser Buyer or the PurchaserBuyer’s designee with respect to such Affected Loans. Following such Notice of Servicing Termination Event, the Electronic Agent shall follow the instructions of the Purchaser Buyer with respect to the Affected Loans without further consent of the Seller, and shall deliver to the Purchaser Buyer any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the PurchaserBuyer. (c) Upon the PurchaserBuyer’s request and instructions, and at the Seller’s sole cost and expense, the Electronic Agent shall deliver to the Purchaser Buyer or the PurchaserBuyer’s designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecorded; provided however, that the Electronic Agent shall not be required to comply with the foregoing unless the costs and expenses of doing so shall be paid by the Seller or a third party. (d) The Electronic Agent shall promptly notify the Purchaser Buyer if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Loans. Upon the reasonable request of the PurchaserBuyer, the Electronic Agent shall review the field designated “interim funder” and shall notify the Purchaser Buyer if any Person (other than the PurchaserBuyer) is identified in the field designated “interim funder”. (e) In the event that (i) the Seller, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) Upon the request of the PurchaserBuyer, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the PurchaserBuyer, shall change the information in such fields in accordance with the PurchaserBuyer’s instructions. (g) MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third party. (h) MERS may cause certain officers of the Purchaser Buyer to be appointed officers of MERS, with authority to wield all of the powers specified in the corporate resolution of MERS, with respect to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.

Appears in 1 contract

Samples: Mortgage Loan Repurchase Agreement (Sirva Inc)

Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) Upon receipt of a Notice of Servicing Termination Event, in the form of Exhibit C, from the Purchaser in which the Purchaser shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event has occurred (the “Affected Loans”), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser or the Purchaser’s designee with respect to such Affected Loans. Following such Notice of Servicing Termination Event, the Electronic Agent shall follow the instructions of the Purchaser with respect to the Affected Loans without further consent of the Seller, and shall deliver to the Purchaser any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the Purchaser. (c) Upon the Purchaser’s request and instructions, and at the Seller’s sole cost and expense, the Electronic Agent shall deliver to the Purchaser or the Purchaser’s designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecorded; provided however, that the Electronic Agent shall not be required to comply with the foregoing unrecorded unless the costs and expenses of doing so shall be paid by the Seller or a third party... (d) The Electronic Agent shall promptly notify the Purchaser if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Loans. Upon the reasonable request of the Purchaser, the Electronic Agent shall review the field designated “interim funder” and shall notify the Purchaser if any Person (other than the Purchaser) is identified in the field designated “interim funder”. (e) In the event that (i) the Seller, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) Upon the request of the Purchaser, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the Purchaser, shall change the information in such fields in accordance with the Purchaser’s instructions. (g) MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third party. (h) MERS may shall cause certain officers of the Purchaser to be appointed officers of MERSMERS with respect to the MERS Designated Mortgage Loans, with authority the power to wield all of the powers specified in the form of corporate resolution of MERS, with respect used to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.appoint such officer attached hereto as Exhibit D.

Appears in 1 contract

Samples: Electronic Tracking Agreement

Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) . Upon receipt of a Notice of Servicing Termination Event, which may be given at any time, in the form of Exhibit C, from the Purchaser in which the Purchaser shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event has occurred (the “Affected Loans”)Purchaser, the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser or the Purchaser’s 's designee with respect to such the MERS Designated Mortgage Loans identified in the Notice of Termination Event (the "Affected Loans"). Following receipt of such Notice of Servicing Termination Event, the Electronic Agent shall follow the instructions of the Purchaser with respect to the Affected Loans without further the consent of the SellerSeller or any investor, servicer or subservicer, and shall deliver to the Purchaser any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the Purchaser. (c) . Upon the Purchaser’s 's request and instructions, and at the Seller’s 's sole cost and expense, the Electronic Agent shall deliver to the Purchaser or the Purchaser’s 's designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecorded; provided provided, however, that the Electronic Agent shall not be required to comply with the foregoing forgoing unless the costs and expenses of doing so shall be paid by the Seller or a third party. (d) . The Electronic Agent shall promptly notify the Purchaser if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Loans. Upon the reasonable request of the Purchaser, the Electronic Agent shall review the field designated "interim funder” fonder" and shall promptly notify the Purchaser if any Person (other than the Purchaser) is identified in the field designated "interim funder”. (e) " with respect to any MERS Designated Mortgage Loan. In the event that (i) the Seller, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) . Upon the request of the Purchaser, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the Purchaser, shall change the information in such fields in accordance with the Purchaser’s 's instructions. (g) . MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third party. (h) ; provided that MERS may shall not execute any such instrument without the prior written consent of the Purchaser. MERS shall cause certain officers of the Purchaser to be appointed officers of MERSMERS with respect to the MERS Designated Mortgage Loans, with authority the power to wield all of the powers specified in the form of corporate resolution used to appoint such officer attached hereto as Exhibit D. The Electronic Agent shall notify the Purchaser in writing of MERS, with respect any changes to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to changeProcedure Manual.

Appears in 1 contract

Samples: Whole Loan Sale Agreement (E Loan Inc)

Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) Upon receipt of a Notice of Servicing Termination EventDefault, in the form of Exhibit C, from the Purchaser Buyer in which the Purchaser Buyer shall identify the MERS Designated Mortgage Loans with respect to which the Seller’s right to act as servicer or subservicer thereof has been terminated by the Buyer in the Buyer’s capacity as owner of such Servicing Termination Event has occurred Mortgage Loans (the “Affected Loans”), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser Buyer or the PurchaserBuyer’s designee with respect to such Affected Loans. Following such Notice of Servicing Termination EventDefault, the Electronic Agent shall follow the instructions of the Purchaser Buyer with respect to the Affected Loans without further consent of the Seller, and shall deliver to the Purchaser Buyer any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the PurchaserBuyer. (c) Upon the PurchaserBuyer’s request and instructions, and at the Seller’s sole cost and expense, the Electronic Agent shall deliver to the Purchaser Buyer or the PurchaserBuyer’s designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecordedunrecorded with respect to each Affected Loan; provided however, that the Electronic Agent shall not be required to comply with the foregoing unless the costs and expenses of doing so shall be paid by the Seller or a third party. (d) The Electronic Agent shall promptly notify the Purchaser Buyer if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Mortgage Loans. Upon the reasonable request of the PurchaserBuyer, the Electronic Agent shall review the field designated “interim funder” and shall notify the Purchaser Buyer if any Person (other than the PurchaserBuyer) is identified in the field designated “interim funder”. (e) In the event that (i) the Seller, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) Upon the request of the PurchaserBuyer, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the PurchaserBuyer, shall change the information in such fields in accordance with the PurchaserBuyer’s instructions. (g) MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third partySeller. (h) MERS may cause has caused certain officers of the Purchaser Buyer to be appointed signing officers of MERS, with the authority to wield all of the powers specified in the corporate resolution of MERS, with respect to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.

Appears in 1 contract

Samples: Master Repurchase Agreement (Home Point Capital Inc.)

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Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) . Upon receipt of a Notice of Servicing Termination EventDefault, in the form of Exhibit C, from the Purchaser Buyer in which the Purchaser Buyer shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event Seller’s right to act as servicer or subservicer thereof has occurred been terminated by Buyer (the “Affected Loans”), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser Buyer or the PurchaserBuyer’s designee with respect to such Affected Loans. Following such Notice of Servicing Termination EventDefault, the Electronic Agent shall follow the instructions of the Purchaser Buyer with respect to the Affected Loans without further consent of the Seller, and shall deliver to the Purchaser Buyer any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the Purchaser. (c) Buyer. Upon the PurchaserBuyer’s request and instructions, and at the Seller’s sole cost and expense, the Electronic Agent shall deliver to the Purchaser Buyer or the PurchaserBuyer’s designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecorded; provided provided, however, that the Electronic Agent shall not be required to comply with the foregoing unless the costs and expenses of doing so shall be paid by the Seller or a third party. (d) The Electronic Agent shall promptly notify the Purchaser if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Loans. Upon the reasonable request of the PurchaserBuyer, the Electronic Agent shall review the field designated “interim funder” and shall notify the Purchaser if remove any Person (other than the Purchaser) who is identified in the field designated “interim funder”. (e) . The Electronic Agent shall then leave the “interim funder” field blank. In the event that (i) the Seller, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) . Upon the request of the PurchaserBuyer, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the PurchaserBuyer, shall change the information in such fields in accordance with the PurchaserBuyer’s instructions. (g) . MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third party. (h) Seller. MERS may shall cause certain officers of the Purchaser Buyer to be appointed officers of MERSMERS with respect to the MERS Designated Mortgage Loans, with authority the power to wield all of the powers specified in the form of corporate resolution of MERS, with respect used to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.appoint such officer attached hereto as Exhibit D.

Appears in 1 contract

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)

Obligations of the Electronic Agent.  (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan..  (b) Upon receipt of a Notice of Servicing Termination EventDefault, in the form of Exhibit C, from the Purchaser Lender in which the Purchaser Lender shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event the Borrower's right to act as servicer or subservicer thereof has occurred been terminated by the Lender (the "Affected Loans"), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser Lender or the Purchaser’s Lender's designee with respect to such Affected Loans. Following such Notice of Servicing Termination EventDefault, the Electronic Agent shall follow the instructions of the Purchaser Lender with respect to the Affected Loans without further consent of the SellerBorrower, and shall deliver to the Purchaser Lender any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the Purchaser.Lender.  (c) Upon the Purchaser’s Lender's request and instructions, and at the Seller’s Borrower's sole cost and expense, the Electronic Agent shall deliver to the Purchaser Lender or the Purchaser’s Lender's designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecordedunrecorded with respect to each Affected Loan; provided however, that the Electronic Agent shall not be required to comply with the foregoing unless the costs and expenses of doing so shall be paid by the Seller Borrower or a third party..  (d) The Electronic Agent shall promptly notify the Purchaser Lender if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Mortgage Loans. Upon the reasonable request of the PurchaserLender, the Electronic Agent shall review the field designated “interim funder” "Warehouse/Gestation Lender" and shall notify the Purchaser Lender if any Person (other than the PurchaserLender) is identified in the field designated "Warehouse/Gestation Lender". Upon the reasonable request of the Lender, the Electronic Agent shall review the field designated and shall notify the Lender if any Person is identified in the field designated "interim funder”.". Detroit_l5392067_2 (e) In the event that (i) the SellerBorrower, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings..  (f) Upon the request of the PurchaserLender, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the PurchaserLender, shall change the information in such fields in accordance with the Purchaser’s Lender's instructions..  (g) MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third party.Borrower.  (h) MERS may cause certain officers of the Purchaser Lender to be appointed officers of MERS, with authority to wield all of the powers specified in the corporate resolution of MERS, with respect to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change..  

Appears in 1 contract

Samples: Credit Agreement (Century Communities, Inc.)

Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) Upon receipt of a Notice of Servicing Termination EventDefault, in the form of Exhibit C, from the Purchaser Lender in which the Purchaser Lender shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event the Borrower’s right to act as servicer or subservicer thereof has occurred been terminated by the Lender (the “Affected Loans”), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser Lender or the PurchaserLender’s designee with respect to such Affected Loans. Following such Notice of Servicing Termination EventDefault, the Electronic Agent shall follow the instructions of the Purchaser Lender with respect to the Affected Loans without further consent of the SellerBorrower, and shall deliver to the Purchaser Lender any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the PurchaserLender. (c) Upon the PurchaserLender’s request and instructions, and at the SellerBorrower’s sole cost and expense, the Electronic Agent shall deliver to the Purchaser Lender or the PurchaserLender’s designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecordedunrecorded with respect to each Affected Loan; provided however, that the Electronic Agent shall not be required to comply with the foregoing unless the costs and expenses of doing so shall be paid by the Seller Borrower or a third party. (d) The Electronic Agent shall promptly notify the Purchaser Lender if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Mortgage Loans. Upon the reasonable request of the PurchaserLender, the Electronic Agent shall review the field designated “interim funder” and shall notify the Purchaser Lender if any Person (other than the PurchaserLender) is identified in the field designated “interim funder”. (e) In the event that (i) the SellerBorrower, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) Upon the request of the PurchaserLender, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the PurchaserLender, shall change the information in such fields in accordance with the PurchaserLender’s instructions. (g) MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third partyBorrower. (h) MERS may cause certain officers of the Purchaser Lender to be appointed officers of MERS, with authority to wield all of the powers specified in the corporate resolution of MERS, with respect to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.

Appears in 1 contract

Samples: Electronic Tracking Agreement

Obligations of the Electronic Agent. (a) The Electronic Agent shall ensure that MERS, as the mortgagee of record under each MERS Designated Mortgage Loan, shall promptly forward all properly identified notices MERS receives in such capacity to the person or persons identified in the MERS® System as the servicer or if a subservicer is identified in the MERS® System, the subservicer for such MERS Designated Mortgage Loan. (b) Upon receipt of a Notice of Servicing Termination Event, in the form of Exhibit C, from the Purchaser in which the Purchaser shall identify the MERS Designated Mortgage Loans with respect to which such Servicing Termination Event has occurred (the “Affected Loans”), the Electronic Agent shall modify the investor fields and/or servicer fields to reflect the investor and/or servicer on the MERS® System as the Purchaser or the Purchaser’s designee with respect to such Affected Loans. Following such Notice of Servicing Termination Event, the Electronic Agent shall follow the instructions of the Purchaser with respect to the Affected Loans without further consent of the Seller, and shall deliver to the Purchaser any documents and/or information (to the extent such documents or information are in the possession or control of the Electronic Agent) with respect to the Affected Loans requested by the Purchaser. (c) Upon the Purchaser’s request and instructions, and at the Seller’s sole cost and expense, the Electronic Agent shall deliver to the Purchaser or the Purchaser’s designee, with respect to each Affected Loan as to which a request is made, an Assignment of Mortgage from MERS, in blank, in recordable form but unrecorded; provided however, that the Electronic Agent shall not be required to comply with the foregoing unrecorded unless the costs and expenses of doing so shall be paid by the Seller or a third party. (d) The Electronic Agent shall promptly notify the Purchaser if it has actual knowledge that any mortgage, pledge, lien, security interest or other charge or encumbrance exists with respect to any of the Affected Loans. Upon the reasonable request of the Purchaser, the Electronic Agent shall review the field designated “interim funder” and shall notify the Purchaser if any Person (other than the Purchaser) is identified in the field designated “interim funder”. (e) In the event that (i) the Seller, the Electronic Agent or MERS shall be served by a third party with any type of levy, attachment, writ or court order with respect to any MERS Designated Mortgage Loan or (ii) a third party shall institute any court proceeding by which any MERS Designated Mortgage Loan shall be required to be delivered otherwise than in accordance with the provisions of this Agreement, the Electronic Agent shall promptly deliver or cause to be delivered to the other parties to this Agreement copies of all court papers, orders, documents and other materials concerning such proceedings. (f) Upon the request of the Purchaser, the Electronic Agent shall run a query with respect to any and all specified fields with respect to any or all of the MERS Designated Mortgage Loans and, if requested by the Purchaser, shall change the information in such fields in accordance with the Purchaser’s instructions. (g) MERS, as mortgagee of record for the MERS Designated Mortgage Loans, shall take all such actions as may be required by a mortgagee in connection with servicing the MERS Designated Mortgage Loans at the request of the applicable servicer identified on the MERS® System, including, but not limited to, executing and/or recording, any modification, waiver, subordination agreement, instrument of satisfaction or cancellation, partial or full release, discharge or any other comparable instruments, at the sole cost and expense of the Seller and only if such costs and expenses are paid by the Seller or a third party. (h) MERS may shall cause certain officers of the Purchaser to be appointed officers of MERS, with authority to wield all of the powers specified in the corporate resolution of MERS, with respect to the MERS Designated Mortgage Loans. The corporate resolution may be modified, amended, replaced, or revoked, and any authorizations and powers specified therein may be subject to change.

Appears in 1 contract

Samples: Electronic Tracking Agreement

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