Common use of Possession of Mortgage Files; Access to Mortgage Files Clause in Contracts

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is vested in the Trustee for the benefit of the Certificateholders. (b) Pursuant to Section 2.05 of the Unaffiliated Seller's Agreement, the Depositor has delivered or caused to be delivered the Trustee's Mortgage File related to each Mortgage Loan to the Trustee. (c) The Collateral Agent, on behalf of the Trustee, will be the custodian or may, with the consent of the Servicer, enter into a custodial agreement pursuant to which the Trustee will appoint a custodian to hold the Mortgage Files in trust for the benefit of all present and future Certificateholders; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor or the Servicer and shall be approved by the Servicer. (d) The Collateral Agent shall afford the Depositor, the Servicer and the Back-up Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary charges.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Abfs Mort Ln Tr 2002-3)

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Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is vested in the Trustee for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. (b) Pursuant to Section 2.05 of the Unaffiliated Seller's Purchase Agreement, the Depositor has delivered or caused to be delivered the Trustee's Mortgage File related to each Mortgage Loan to the Trustee. (c) The Collateral Agent, on behalf of the Trustee, Trustee will be the custodian or may, with the consent of the Servicer, may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a "Custodian") to hold the Mortgage Files in trust for the benefit of all present and future CertificateholdersCertificateholders and the Certificate Insurer; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor or the Servicer any of them and shall be approved by the ServicerCertificate Insurer. (d) The Collateral Agent Custodian shall afford the Depositor, the Servicer Certificate Insurer and the Back-up Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Initial Mortgage Loan is vested in the Trustee for the benefit of the Certificateholders. (b) Pursuant to Section 2.05 2.04 of the Unaffiliated Seller's Purchase Agreement, the Depositor Company has delivered or caused to be delivered the Trustee's Mortgage File related to each Initial Mortgage Loan to the Trustee. (c) The Collateral Agent, on behalf of the Trustee, will be the custodian or may, with the consent of the Servicer, Trustee may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a "Custodian") to hold the Mortgage Files in trust for the benefit of all present and future Certificateholders; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor Company or the Master Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor Company or the Servicer and shall be approved by Master Servicer. The Trustee hereby appoints Norwest Bank Minnesota, N.A. as the Servicerinitial Custodian. (d) The Collateral Agent Custodian shall afford the Depositor, the Servicer Company and the Back-up Master Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is shall be vested in the Trustee for the benefit of the CertificateholdersCertificateholders [and the Certificate Insurer, as their respective interests may appear]. (b) Pursuant to Section 2.05 2.4 of the Unaffiliated Seller's Mortgage Loan Sale Agreement, the Depositor _________ has delivered or caused to be delivered the Trustee's ’s Mortgage File related to each Mortgage Loan to the Trustee. (c) The Collateral Agent, on behalf of the Trustee, will be the custodian or may, with the consent of the Servicer, Trustee may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a “Custodian”) to hold the Mortgage Files in trust for the benefit of all present and future Certificateholdersthe Trustee; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor Depositor, the Transferor or the Master Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor or the Servicer and shall be approved by the Servicerany of them. (d) The Collateral Agent Custodian shall afford the Depositor[, the Servicer and Certificate Insurer and] the Back-up Master Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bcap LLC)

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is vested in the Trustee for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. (b) Pursuant to Section 2.05 of the Unaffiliated Seller's Purchase Agreement, the Depositor has delivered or caused to be delivered the Trustee's Mortgage File related to each Mortgage Loan to the Trustee. (c) . The Collateral Agent, on behalf of the Trustee, Trustee will be the custodian or may, with the consent of the Servicer, may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a "Custodian") to hold the Mortgage Files in trust for the benefit of all present and future CertificateholdersCertificateholders and the Certificate Insurer; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor or the Servicer and shall be approved by the Servicer. (d) Certificate Insurer. The Collateral Agent Custodian shall afford the Depositor, the Servicer Certificate Insurer and the Back-up Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is vested in the Trustee for the benefit of the Certificateholders. (b) Pursuant to Section 2.05 of the Unaffiliated Seller's Agreement, the Depositor has delivered or caused to be delivered the Trustee's Mortgage File related to each Mortgage Loan to the Trustee. (c) The Collateral Agent, on behalf of the Trustee, will be the custodian or may, with the consent of the Servicer, enter into a custodial agreement pursuant to which the Trustee will appoint a custodian to hold the Mortgage Files in trust for the benefit of all present and future Certificateholders; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor or the Servicer and shall be approved by the Servicer. (d) The Collateral Agent shall afford the Depositor, the Servicer Depositor and the Back-up Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary charges.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is vested in the Trustee for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. (b) Pursuant to Section 2.05 of the Unaffiliated Seller's Purchase Agreement, the Depositor has delivered or caused to be delivered the Trustee's Mortgage File related to each Mortgage Loan to the Trustee. (c) . The Collateral Agent, on behalf of the Trustee, Trustee will be the custodian or may, with the consent of the Servicer, may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a "Custodian") to hold the Mortgage Files in trust for the benefit of all present and future CertificateholdersCertificateholders and the Certificate Insurer; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor or the Servicer any of them and shall be approved by the Servicer. (d) Certificate Insurer. The Collateral Agent Custodian shall afford the Depositor, the Servicer Certificate Insurer and the Back-up Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

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Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is vested in the Trustee for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. (b) Pursuant to Section 2.05 of the Unaffiliated Seller's Agreement, the Depositor has delivered or caused to be delivered the Trustee's Mortgage File related to each Mortgage Loan to the Trustee. (c) . The Collateral Agent, on behalf of the Trustee, Trustee will be the custodian or may, with the consent of the Servicer, may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a "Custodian") to hold the Mortgage Files in trust for the benefit of all present and future CertificateholdersCertificateholders and the Certificate Insurer; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor or the Servicer and shall be approved by the Servicer. (d) Certificate Insurer. The Collateral Agent Custodian shall afford the Depositor, the Servicer Certificate Insurer and the Back-up Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is vested in the Trustee for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. (b) Pursuant to Section 2.05 2.04 of the Unaffiliated Seller's Purchase Agreement, the Depositor Company has delivered or caused to be delivered the Trustee's Mortgage File related to each Mortgage Loan to the Trustee. (c) The Collateral Agent, on behalf of the Trustee, will be the custodian or may, with the consent of the Servicer, Trustee may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a "Custodian") to hold the Mortgage Files in trust for the benefit of all present and future CertificateholdersCertificateholders and the Certificate Insurer; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor Company or the Master Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor Company or the Servicer and shall be approved by Master Servicer. The Trustee hereby appoints Norwest Bank Minnesota, N.A. as the Servicerinitial Custodian. (d) The Collateral Agent Custodian shall afford the DepositorCompany, the Servicer Certificate Insurer and the Back-up Master Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Mortgage Loan is vested in the Trustee for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. (b) Pursuant to Section 2.05 ____ of the Unaffiliated Seller's Purchase Agreement, the Depositor has delivered or caused to be delivered the Trustee's Mortgage File related to each Mortgage Loan to the Trustee. (c) The Collateral Agent, on behalf of the Trustee, will be the custodian or may, with the consent of the Servicer, Trustee may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a "Custodian") to hold the Mortgage Files in trust for the benefit of all present and future CertificateholdersCertificateholders and the Certificate Insurer; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor or the Master Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor or the Servicer and shall be approved by Master Servicer. The Trustee hereby appoints ___________________ as the Servicerinitial Custodian. (d) The Collateral Agent Custodian shall afford the Depositor, the Servicer Certificate Insurer and the Back-up Master Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jv Capital Trust)

Possession of Mortgage Files; Access to Mortgage Files. (a) Upon the issuance of the Certificates, the ownership of each Mortgage Note, the Mortgage and the contents of the related Mortgage File related to each Initial Mortgage Loan is vested in the Trustee for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. (b) Pursuant to Section 2.05 ____ of the Unaffiliated Seller's Purchase Agreement, the Depositor Company has delivered or caused to be delivered the Trustee's Mortgage File related to each Initial Mortgage Loan to the Trustee. (c) The Collateral Agent, on behalf of the Trustee, will be the custodian or may, with the consent of the Servicer, Trustee may enter into a custodial agreement pursuant to which the Trustee will appoint a custodian (a "Custodian") to hold the Mortgage Files in trust for the benefit of all present and future CertificateholdersCertificateholders and the Certificate Insurer; provided, however, that the custodian so appointed shall satisfy the eligibility requirements for the Collateral Agent as described in Section 10.06 hereof, shall in no event be the Depositor Company or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of the Depositor Company or the Servicer and shall be approved by Servicer. The Trustee hereby appoints ___________________ as the Servicerinitial Custodian. (d) The Collateral Agent Custodian shall afford the DepositorCompany, the Servicer Certificate Insurer and the Back-up Servicer reasonable access to all records and documentation regarding the Mortgage Loans relating to this Agreement, such access being afforded at customary charges, upon reasonable request and during normal business hours at the offices of the Collateral Agent at customary chargesCustodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nations Asset Securities Inc)

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