Common use of Possession of Mortgage Files Clause in Contracts

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer Instructions, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order.

Appears in 49 contracts

Samples: Purchase and Sale Agreement, Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-8), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-7)

AutoNDA by SimpleDocs

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser Purchaser's designee are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents. At the option of Puchaser, the Mortgage Files shall be held by the Custodian in accordance with the terms of the Custodial Agreement.

Appears in 11 contracts

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-18a), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Securities Corp)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 10 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A1), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-F1), Mortgage Loan Purchase, Sale & Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)

Possession of Mortgage Files. Originals or copies Upon the sale of all documentsany Mortgage Loan, the ownership of such Mortgage Loan, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage FileNote, other than the Mortgage Loan DocumentsMortgage, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each the related Mortgage File not delivered to the Purchaser and all rights, benefits, payments, proceeds and obligations arising therefrom or the custodian appointed by the Purchaser are and in connection therewith, shall then be held vested in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and and, to the extent retained by the Seller, shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such a custodial capacity only. The copies contents of such Mortgage File not delivered to the Purchaser (the “Servicing File”) are and shall be maintained by the Servicer and held in trust by the Servicer for the benefit of the Purchaser as the owner thereof and the Servicer’s possession of the contents of each Mortgage File so retained is at the will of the Purchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller with respect to each Servicer is in a custodial capacity only. Mortgage Loan pursuant to this Agreement Files shall be appropriately identified in maintained separately from the Seller’s computer system to reflect clearly other books and records of the ownership of such related Mortgage Loan by the PurchaserServicer. The Seller Servicer shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer’s servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person’s need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law or court ordersuch Mortgage Loan is liquidated, then, upon the delivery by the Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 9 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (GSR Mortgage Loan Trust 2007-3f), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (GSR Mortgage Loan Trust 2006-9f)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership Mortgage Files shall be maintained by the Seller and shall be marked to clearly reflect the sale of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 8 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs)

Possession of Mortgage Files. Originals or copies of all documentsThe Seller does hereby sell, including but not limited transfer, assign, set over and convey to the documents listed on Exhibit 2 Purchaser, without recourse but subject to the terms of this Agreement, all of its right, title and comprising interest in, to and under the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing DateLoans. During the Interim Servicing Period, originals of the The contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by to any assignee, transferee or designee of the Purchaser on or prior to the Closing Date are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of or any portion of each such Mortgage File is at the will assignee, transferee or designee of the Purchaser. Upon the sale of the Mortgage Loans, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage the related Mortgage, the other documents described in this Section 4 and the other contents of each the related Mortgage File is shall be vested in the Purchaser Purchaser, and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which that come into the possession of the Seller on or after the Closing Date shall immediately vest in the Purchaser and shall be retained and maintained, in trust, delivered immediately to the Purchaser or as otherwise directed by the Seller at the will of the Purchaser in such custodial capacity onlyPurchaser. The copies Seller’s records will accurately reflect the sale or contribution, as the case may be, of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly and the ownership of such related each Mortgage Loan by the Purchaser. The Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser or any assignee, except when such release is required in connection with a repurchase transferee or designee of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court orderthe Purchaser.

Appears in 8 contracts

Samples: Mortgage Loan Purchase Agreement (Bayview Financial Mortage Pass-Through Trust 2005-D), Mortgage Loan Purchase Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C), Mortgage Loan Purchase Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-A)

Possession of Mortgage Files. Originals or copies, including electronically imaged copies at the Purchaser’s option, of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer Instructions, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order.

Appears in 7 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-6)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer 's servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 7 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Banc of America Funding 2006-I Trust), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Merrill Lynch Mort Inv Inc Mo Pass THR Ce Se MLCC 2003f)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser Purchaser's designee are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents. At the option of Purchaser, the Mortgage Files shall be held by the Custodian in accordance with the terms of the Custodial Agreement.

Appears in 6 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Securities Corp), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 24a), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-21a)

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon promptly following a written request. The During the Interim Servicing Period, the Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer Instructions, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order. The Purchaser shall, promptly following a written request, return to the Seller hard copies of the Mortgage File in respect of any Mortgage Loan that is not purchased by the Purchaser.

Appears in 5 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-7), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-4), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3)

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals Originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller Servicer for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The SellerServicer’s possession of any portion of each such Mortgage File is at the will of the PurchaserPurchaser for the sole purpose of facilitating servicing of the Mortgage Loans pursuant to this Agreement, and such retention and possession by the Seller Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller Servicer with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the SellerServicer’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller Servicer shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer InstructionsAgreement, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order. Any review by the Purchaser or its designee of the Mortgage Files shall in no way alter or reduce the Seller’s obligations hereunder. If the Purchaser or its designee discovers any defect that is a breach of a representation or warranty contained in Section 7.01 or Section 7.02 herein with respect to any document constituting part of a Mortgage File, the Purchaser shall, or shall cause its designee to, give written specification of such defect to the Seller and the Seller shall cure or repurchase such Mortgage Loan in accordance with Section 7.03.

Appears in 5 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-3), Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-4)

Possession of Mortgage Files. Originals or copies of all documentsThe Seller does hereby sell, including but not limited transfer, assign, set over and convey to the documents listed on Exhibit 2 Purchaser, without recourse but subject to the terms of this Agreement, all of its right, title and comprising interest in, to and under the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing DateLoans. During the Interim Servicing Period, originals of the The contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by to any assignee, transferee or designee of the Purchaser on or prior to the Closing Date are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by or any assignee, transferee or designee of the Purchaser upon requestand promptly transferred to the Trustee. The Seller’s possession of any portion of each such Mortgage File is at Upon the will sale of the Purchaser, and such retention and possession by Mortgage Loans the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, the related Mortgage and the other contents of each the related Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which that come into the possession of the Seller on or after the Closing Date shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of delivered promptly to the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan or as otherwise directed by the Purchaser. The All amounts received by the Seller shall release from its custody after the contents of any Cut-off Date but prior to the date hereof with respect to the Mortgage File retained by it only in accordance with this Agreement and Loans, to which amounts the Servicing Transfer InstructionsSeller is not entitled, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order.will be deposited into the Collection Account within one Business Day after the Closing Date;

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Cert Ser 2002 2), Pooling and Servicing Agreement (Long Beach Mort Loan Trust 2002-1as Back Cert Ser 2002-1), Pooling and Servicing Agreement (Long Beach Mortgage Loan Tr 2001-3 as-BCKD Cert Ser 2001-3)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers’ possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer ‘s servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person’s need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 4 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement, Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2007-2)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers’ possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership Mortgage Files shall be maintained by the Seller and shall be marked to clearly reflect the sale of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer’s servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person’s need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 3 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar5), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained by the Seller and the contents books and records of each Mortgage File is vested in the Purchaser and Seller shall clearly reflect the ownership sale of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 2 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Banc of America Funding 2006-I Trust), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Banc of America Funding 2006-8t2 Trust)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers’ possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer ’s servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person’s need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 2 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2007-3), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2007-4)

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the The contents of each Mortgage File required to be retained by the Seller/Servicer to service the Mortgage Loans pursuant to the Agreement, and thus not delivered to the Purchaser Purchaser, or the custodian appointed by the Purchaser its designee, are and shall be held in trust by the Seller Seller/Servicer for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon requestthereof. The Seller/Servicer’s possession of any portion of each such Mortgage File is at the will of the PurchaserPurchaser for the sole purpose of facilitating servicing of the Mortgage Loans pursuant to the Agreement, and such retention and possession by the Seller Seller/Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each the Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Seller/Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Seller/Servicer at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller Seller/Servicer with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller/Servicer’s computer system to reflect clearly the ownership sale of such related Mortgage Loan by to the Purchaser. The Seller Seller/Servicer shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer InstructionsAgreement, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 6.03 of this Agreement or if required under applicable law or court order.

Appears in 2 contracts

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4), Servicing Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3)

Possession of Mortgage Files. Originals or copies The contents of all documents, including but not limited each Mortgage File required to be retained by the documents listed on Exhibit 2 and comprising Servicer to service the Mortgage File, other than the Mortgage Loan Documents, shall be Loans pursuant to this Agreement and thus not delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller Servicer for the benefit of the Purchaser as the owner thereof and thereof. The Servicer shall be available for review by permitted to maintain the Purchaser upon requestMortgage Files in imaged, rather than physical, form consistent with the requirements of Xxxxxx Mae or Xxxxxxx Mac. The SellerServicer’s possession of any portion of each such Mortgage File is at the will of the PurchaserPurchaser for the sole purpose of facilitating servicing of the Mortgage Loans pursuant to this Agreement, and such retention and possession by the Seller Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller Servicer with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the SellerServicer’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller Servicer shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer InstructionsAgreement, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection Section 7.03 of this Agreement or if required under applicable law or court order. The Servicer shall deliver to the Purchaser copies of any documents in a Mortgage File reasonably requested by the Purchaser within thirty (30) days of the date of such request, at the expense of the Purchaser.

Appears in 2 contracts

Samples: Flow Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Flow Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-10f)

Possession of Mortgage Files. Originals or copies of all documentsThe Seller does hereby sell, including but not limited transfer, assign, set over and convey to the documents listed on Exhibit 2 Purchaser, without recourse but subject to the terms of this Agreement, all of its right, title and comprising interest in, to and under the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing DateLoans. During the Interim Servicing Period, originals of the The contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by to any assignee, transferee or designee of the Purchaser on or prior to the Closing Date are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of or any portion of each such Mortgage File is at the will assignee, transferee or designee of the Purchaser. Upon the sale of the Mortgage Loans, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage the related Mortgage, the other documents described in this Section 4 and the other contents of each the related Mortgage File is shall be vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which that come into the possession of the Seller on or after the Closing Date shall immediately vest in the Purchaser and shall be retained and maintained, in trust, delivered immediately to the Purchaser or as otherwise directed by the Seller at the will of the Purchaser in such custodial capacity onlyPurchaser. The copies Seller’s records will accurately reflect the sale or contribution, as the case may be, of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly and the ownership of such related each Mortgage Loan by the Purchaser. The Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser or any assignee, except when such release is required in connection with a repurchase transferee or designee of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court orderthe Purchaser.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (HMB Acceptance Corp.), Loan Purchase Agreement (BLG Securities Company, LLC)

Possession of Mortgage Files. Originals or copies Upon the sale of all documentsany Mortgage Loan, the ownership of such Mortgage Loan, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage FileNote, other than the Mortgage Loan DocumentsMortgage, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each the related Mortgage File not delivered to the Purchaser and all rights, benefits, payments, proceeds and obligations arising therefrom or the custodian appointed by the Purchaser are and in connection therewith, shall then be held vested in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related such Mortgage Loan prepared by or which come into the possession of the Seller or Servicer shall immediately vest in the Purchaser and and, to the extent retained by the Servicer, shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such a custodial capacity only. The copies contents of such Mortgage File not delivered to the Purchaser are and shall be held in trust by the Servicer for the benefit of the Purchaser as the owner thereof and the Servicer’s possession of the contents of each Mortgage File so retained is at the will of the Purchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller with respect to each Servicer is in a custodial capacity only. Mortgage Loan pursuant to this Agreement Files shall be appropriately identified in maintained separately from the Seller’s computer system to reflect clearly other books and records of the ownership of such related Mortgage Loan by the PurchaserServicer. The Seller Servicer shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer ’s servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by the Servicer in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by the Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release or court ordercause to be released and, to the extent necessary, deliver, or cause to be delivered to the Servicer such documents.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser Custodian are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer Instructions, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law Applicable Law or court order.

Appears in 1 contract

Samples: Non Delegated Application

Possession of Mortgage Files. Originals or copies BOOKS AND RECORDS; DELIVERY OF DOCUMENTS ---------------------------------------- Section 2.01 Contract for Servicing; Maintenance of Servicing Files. The Owner does hereby contract with the Servicer, subject to the terms of this Agreement for the servicing of the Mortgage Loans. In respect of all documents, including but not limited Mortgage Loans sold to the documents listed on Exhibit 2 and comprising Owner pursuant to the Mortgage Loan Purchase Agreement, the Servicer shall maintain a Servicing File, other than available for inspection by the Mortgage Loan DocumentsOwner, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals consisting of a copy of the contents of each Mortgage File and the originals of the documents in each Mortgage File not delivered to the Purchaser or the custodian appointed Custodian, as well as all other documents and records related to each Mortgage Loan. The possession of each Servicing File by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File Servicer is at the will of the PurchaserOwner for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be Servicer is in a custodial capacity only. The Upon the sale of each Mortgage Loan pursuant to the Loan Purchase Agreement the ownership of each Mortgage Note, the related Mortgage and the contents of each related Mortgage File is vested and Servicing File shall vest immediately in the Purchaser Owner, and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Servicer shall vest immediately vest in the Purchaser Owner and shall be retained and maintainedmaintained by the Servicer, in trust, by the Seller at the will of the Purchaser Owner and only in such custodial capacity onlycapacity. The copies Each Servicing File shall be segregated from the other books and records of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement Servicer and shall be marked appropriately identified in the Seller’s computer system to reflect clearly the ownership sale of such the related Mortgage Loan by to the PurchaserOwner. The Seller Servicer shall release from its custody of the contents of any Mortgage Servicing File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsOwner, except when unless such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court orderSection 6.02.

Appears in 1 contract

Samples: Correspondent Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-9a)

Possession of Mortgage Files. Originals or copies of all documentsThe Seller does hereby sell, including but not limited transfer, assign, set over and convey to the documents listed on Exhibit 2 Purchaser, without recourse but subject to the terms of this Agreement, all of its right, title and comprising interest in, to and under the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing DateLoans. During the Interim Servicing Period, originals of the The contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by to any assignee, transferee or designee of the Purchaser on or prior to the Closing Date are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of or any portion of each such Mortgage File is at the will assignee, transferee or designee of the Purchaser. Upon the sale of the Mortgage Loans, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, the related Mortgage and the other contents of each the related Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which that come into the possession of the Seller on or after the Closing Date shall immediately vest in the Purchaser and shall be retained and maintained, in trust, delivered immediately to the Purchaser or as otherwise directed by the Seller at the will of the Purchaser in such custodial capacity onlyPurchaser. The copies Seller's records will accurately reflect the sale of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser or any assignee, transferee or designee of the Purchaser, except when that where such release is required as incidental to the Seller's servicing of the Mortgage Loans pursuant to the Pooling and Servicing Agreement or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court orderSection 7 hereof, such written instructions shall not be required.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

AutoNDA by SimpleDocs

Possession of Mortgage Files. Originals or copies The Custodian shall retain possession and custody of the Mortgage Files for the benefit of Buyer and as custodian and bailee of and for Buyer for all documents, purposes (including but not limited to the documents listed perfection of the security interest of Buyer in such Mortgage Files to the extent Seller shall be deemed to have pledged the Mortgage Files to Buyer pursuant to this Agreement) until released pursuant to the terms hereof. In the event the Custodian is requested to deliver a Mortgage File or any portion thereof to an Investor, to Seller or to any other third party pursuant to the terms of this Agreement, neither the Custodian nor the Buyer shall have any liability, and Seller hereby expressly releases the Custodian and the Buyer from any such liability, arising in connection with delays in delivery of such Mortgage File or any portion thereof including, without limitation, any change in the Investor's purchase price for the Loan or Loans, unless the same is due to the gross negligence of the Custodian, in which event the Custodian only shall be liable therefor. Notwithstanding the terms of the immediately preceding sentence, the Custodian hereby agrees to use reasonable efforts to send the Mortgage File or any portion thereof to the intended recipient not later than the close of business on Exhibit 2 the second business day (that is, a day on which Buyer and comprising the Custodian are open to conduct banking business with customers) following the request for Custodian to send a Mortgage File or any portion thereof; provided, however, that the Custodian shall have no obligation to send a Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each two (2) business day time period shall not begin to elapse, until the Custodian receives notice from Buyer that Buyer has received the complete Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintainedFile, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller shall release from its custody the contents of any Mortgage File retained by it only in accordance with Section 2.01 of this Agreement Agreement. The Buyer shall have no duty or obligation to notify Seller or any other party of Seller's failure to deliver complete Mortgage Files. The Custodian shall also make appropriate notations in the Custodian's books and records to the Servicing Transfer Instructions, except when such release is required in connection with a repurchase effect that custody of certain Mortgage Files has been released unless otherwise notified by Buyer or until the Mortgage Files are otherwise released to Seller or any such Mortgage Loan other Person entitled thereto pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court orderthe terms hereof.

Appears in 1 contract

Samples: Master Loan Participation and Custodian Agreement (Finet Com Inc)

Possession of Mortgage Files. Originals or copies The contents of all documents, including but not limited each Mortgage File required to be retained by the documents listed on Exhibit 2 and comprising Servicer to service the Mortgage File, other than the Mortgage Loan Documents, shall be Loans pursuant to this Agreement and thus not delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller Servicer for the benefit of the Purchaser as the owner thereof and thereof. The Servicer shall be available for review by permitted to maintain the Purchaser upon requestMortgage Files in imaged, rather than physical, form consistent with the requirements of Xxxxxx Xxx or Xxxxxxx Mac. The SellerServicer’s possession of any portion of each such Mortgage File is at the will of the PurchaserPurchaser for the sole purpose of facilitating servicing of the Mortgage Loans pursuant to this Agreement, and such retention and possession by the Seller Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, each Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller Servicer with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the SellerServicer’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller Servicer shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer InstructionsAgreement, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order. The Servicer shall deliver to the Purchaser physical copies of any documents in a Mortgage File reasonably requested by the Purchaser within five (5) Business Days after the date of such request at the expense of the Purchaser.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Lehman XS Trust Series 2006-14n)

Possession of Mortgage Files. Originals or copies Upon the sale of all documentsany Mortgage Loan, the ownership of such Mortgage Loan, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage FileNote, other than the Mortgage Loan DocumentsMortgage, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each the related Mortgage File not delivered to the Purchaser and all rights, benefits, payments, proceeds and obligations arising therefrom or the custodian appointed by the Purchaser are and in connection therewith, shall then be held vested in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and and, to the extent retained by the Seller, shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such a custodial capacity only. The copies contents of such Mortgage File not delivered to the Purchaser (the "Servicing File") are and shall be maintained by the Servicer and held in trust by the Servicer for the benefit of the Purchaser as the owner thereof and the Servicer's possession of the contents of each Mortgage File so retained is at the will of the Purchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller with respect to each Servicer is in a custodial capacity only. Mortgage Loan pursuant to this Agreement Files shall be appropriately identified in maintained separately from the Seller’s computer system to reflect clearly other books and records of the ownership of such related Mortgage Loan by the PurchaserServicer. The Seller Servicer shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law or court ordersuch Mortgage Loan is liquidated, then, upon the delivery by the Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-1)

Possession of Mortgage Files. Originals or copies The Custodian shall retain possession and custody of the Mortgage Files for the benefit of Buyer and as custodian and bailee of and for Buyer for all documents, purposes (including but not limited to the documents listed perfection of the security interest of Buyer in such Mortgage Files to the extent Seller shall be deemed to have pledged the Mortgage Files to Buyer pursuant to this Agreement) until released pursuant to the terms hereof. In the event the Custodian is requested to deliver a Mortgage File or any portion thereof to an Investor, to Seller or to any other third party pursuant to the terms of this Agreement, neither the Custodian nor the Buyer shall have any liability, and Seller hereby expressly releases the Custodian and the Buyer from any such liability, arising in connection with delays in delivery of such Mortgage File or any portion thereof including, without limitation, any change in the Investor's purchase price for the Loan or Loans, unless the same is due to the gross negligence of the Custodian, in which event the Custodian only shall be liable therefor. Notwithstanding the terms of the immediately preceding sentence, the Custodian hereby agrees to use reasonable efforts to send the Mortgage File or any portion thereof to the intended recipient not later than the close of business on Exhibit 2 the second business day (that is, a day on which Buyer and comprising the Custodian are open to conduct banking business with customers) following the request for Custodian to send a Mortgage File or any portion thereof; provided, however, that the Custodian shall have no obligation to send a Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each two (2) business day time period shall not begin to elapse, until the Custodian receives notice from Buyer that Buyer has received the complete Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintainedFile, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller shall release from its custody the contents of any Mortgage File retained by it only in accordance with Section 2.01 of this Agreement Agreement. The Buyer shall have no duty or obligation to notify Seller or any other party of Seller's failure to deliver complete Mortgage Files. The Custodian shall also make appropriate notations in the Custodian's books and records to the Servicing Transfer Instructions, except when such release is required in connection with a repurchase effect that custody of certain Mortgage Files has been released unless otherwise notified by Buyer or until the Mortgage Files are otherwise released to Seller or any such Mortgage Loan other Person entitled thereto pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order.the terms hereof

Appears in 1 contract

Samples: Master Loan Participation and Custodian Agreement (Finet Com Inc)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser Purchaser's designee are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 SECTION 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement SECTION 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by Purchaser); PROVIDED that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents. At the option of Purchaser, the Mortgage Files shall be held by the Custodian in accordance with the terms of the Custodial Agreement.

Appears in 1 contract

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Sec Corp Mortgage Pas THR Cert Se 2002-27a)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser Purchaser's designee are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers" possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Service servicing of . the Mortgage Loans or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents. At the option of Purchaser, the Mortgage Files shall be held by the Custodian in accordance with the terms of the Custodial Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Cendant Mortgage Corp Mort Pass Through Cert Series 2001-6)

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals Originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller Servicer for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The SellerServicer’s possession of any portion of each such Mortgage File is at the will of the PurchaserPurchaser for the sole purpose of facilitating servicing of the Mortgage Loans pursuant to this Agreement, and such retention and possession by the Seller Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller Servicer with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the SellerServicer’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller Servicer shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer InstructionsAgreement, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order.. 17 Any review by the Purchaser or its designee of the Mortgage Files shall in no way alter or reduce the Seller’s obligations hereunder. If the Purchaser or its designee discovers any defect that is a breach of a representation or warranty contained in Section 7.01 or Section 7.02 herein with respect to any document constituting part of a Mortgage File, the Purchaser shall, or shall cause its designee to, give written specification of such defect to the Seller and the Seller shall cure or repurchase such Mortgage Loan in accordance with Section 7.03. Subsection 6.02

Appears in 1 contract

Samples: Purchase Agreement

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers’ possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained by the Seller and the contents books and records of each Mortgage File is vested in the Purchaser and Seller shall clearly reflect the ownership sale of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer’s servicing of the Mortgage Loans or is in connection with a repurchase or substitution of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person’s need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents.

Appears in 1 contract

Samples: Servicing Agreement (Lehman Mortgage Trust 2007-5)

Possession of Mortgage Files. Originals BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS Section 2.01 Possession of Mortgage Files; Maintenance of Servicing Files. From and after each Transfer Date or copies of all documentsSale Date, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage Fileas applicable, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser Owner or the custodian appointed held by the Purchaser are and Custodian shall be held in trust by the Seller Servicer for the benefit of the Purchaser Owner as the owner thereof thereof. The Servicer shall maintain a Servicing File consisting of a copy of the contents of each Mortgage File and shall be available for review the originals of the documents in each Mortgage File not delivered to the Owner or the Custodian, as applicable. The possession of each Servicing File by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File Servicer is at the will of the PurchaserOwner for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be Servicer is in a custodial capacity only. The ownership of each Mortgage Note, the related Mortgage and the contents of each related Mortgage File is are vested in the Purchaser Owner, and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Servicer shall vest immediately vest in the Purchaser Owner and shall be retained and maintainedmaintained by the Servicer, in trust, by the Seller at the will of the Purchaser Owner and only in such custodial capacity onlycapacity. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller Servicer shall release from its custody of the contents of any Mortgage Servicing File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsOwner, except when unless such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase of any Mortgage Loan. All such costs associated with the release, transfer and re-delivery of any Servicing Files to the Servicer shall be the responsibility of the party in possession of such file or files, unless otherwise provided herein. In addition, in connection with the assignment of any MERS Mortgage Loan, the Servicer agrees that it will cause the MERS System to indicate that such Mortgage Loan pursuant has been assigned by the Servicer to Subsection 7.03 of the Owner in accordance with this Agreement by including (or if deleting, in the case of a Mortgage Loan repurchased in accordance with this Agreement) in such computer files the information required under applicable law or court orderby the MERS System to identify the Owner as the beneficial owner of such Mortgage Loan.

Appears in 1 contract

Samples: Servicing Agreement (HSI Asset Loan Obligation Trust 2006-2)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser Purchaser's designee are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 SECTION 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement SECTION 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); PROVIDED that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents. At the option of Puchaser, the Mortgage Files shall be held by document custodian in accordance with the terms of a custodial agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2005-5)

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to upon the related Closing Daterequest of the Purchaser. During the Interim Servicing Period, originals Originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser are and shall be held in trust by the Seller Servicer for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The SellerServicer’s possession of any portion of each such Mortgage File is at the will of the PurchaserPurchaser for the sole purpose of facilitating servicing of the Mortgage Loans pursuant to this Agreement, and such retention and possession by the Seller Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller Servicer with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the SellerServicer’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller Servicer shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer InstructionsAgreement, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law or court order. Any review by the Purchaser or its designee of the Mortgage Files shall in no way alter or reduce the Seller’s obligations hereunder. If the Purchaser or its designee discovers any defect that is a breach of a representation or warranty contained in Section 7.01 or Section 7.02 herein with respect to any document constituting part of a Mortgage File, the Purchaser shall, or shall cause its designee to, give written specification of such defect to the Seller and the Seller shall cure or repurchase such Mortgage Loan in accordance with Section 7.03.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the The contents of each Mortgage File required to be retained by the Seller/Servicer to service the Mortgage Loans pursuant to the Agreement, and thus not delivered to the Purchaser Purchaser, or the custodian appointed by the Purchaser its designee, are and shall be held in trust by the Seller Seller/Servicer for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon requestthereof. The Seller’s /Servicer's possession of any portion of each such Mortgage File is at the will of the PurchaserPurchaser for the sole purpose of facilitating servicing of the Mortgage Loans pursuant to the Agreement, and such retention and possession by the Seller Seller/Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each the Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Seller/Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Seller/Servicer at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller Seller/Servicer with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s /Servicer's computer system to reflect clearly the ownership sale of such related Mortgage Loan by to the Purchaser. The Seller Seller/Servicer shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer InstructionsAgreement, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 6.03 of this Agreement or if required under applicable law or court order.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc)

Possession of Mortgage Files. Originals Upon the sale of any Mortgage Loan, the ownership of such Mortgage Loan, including the Mortgage Note, the Mortgage, the contents of the related Mortgage File and all rights, benefits, payments, proceeds and obligations arising therefrom or copies in connection therewith, shall then be vested in the Purchaser, and the ownership of all documentsrecords and documents with respect to such Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and, including but not limited to the documents listed on Exhibit 2 and comprising extent retained by the Mortgage File, other than the Mortgage Loan DocumentsSeller, shall be delivered to retained and maintained, in trust, by the Seller at the will of the Purchaser or its designee on or prior to the related Closing Datein a custodial capacity only. During the Interim Servicing Period, originals of the The contents of each such Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser Purchaser's designee are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s Sellers' possession of any portion the contents of each such Mortgage File so retained is at the will of the PurchaserPurchaser for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Seller shall be is in a custodial capacity only. The ownership of each Mortgage Note, Mortgage Files shall be maintained separately from the other books and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity onlySeller. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Each Seller shall release from its custody of the contents of any Mortgage File retained by it only in accordance with this Agreement and written instructions from the Servicing Transfer InstructionsPurchaser, except when where such release is required as incidental to the Servicer's servicing of the Mortgage Loans or is in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 Section 3.04. Any documents released to a Seller or the Servicer in connection with the foreclosure or servicing of any Mortgage Loan shall be held by such Person in trust for the benefit of the Purchaser in accordance with this Agreement Section 2.02. Such Person shall return to the Purchaser such documents when such Person's need therefor in connection with such foreclosure or servicing no longer exists (unless sooner requested by the Purchaser); provided that, if required under applicable law such Mortgage Loan is liquidated, then, upon the delivery by a Seller or court orderthe Servicer to the Purchaser of a request for the release of such documents and a certificate certifying as to such liquidation, the Purchaser shall promptly release and, to the extent necessary, deliver to such Person such documents. At the option of Purchaser, the Mortgage Files shall be held by the Custodian in accordance with the terms of the Custodial Agreement.

Appears in 1 contract

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 24a)

Possession of Mortgage Files. Originals or copies of all documents, including but not limited to the documents listed on Exhibit 2 and comprising the Mortgage File, other than the Mortgage Loan Documents, shall be delivered to the Purchaser or its designee on or prior to the related Closing Date. During the Interim Servicing Period, originals of the contents of each Mortgage File not delivered to the Purchaser or the custodian appointed by the Purchaser Custodian are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof and shall be available for review by the Purchaser upon request. The Seller’s possession of any portion of each such Mortgage File is at the will of the Purchaser, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of each Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The copies of the Mortgage File retained by the Seller with respect to each Mortgage Loan pursuant to this Agreement shall be appropriately identified in the Seller’s computer system to reflect clearly the ownership of such related Mortgage Loan by the Purchaser. The Seller shall release from its custody the contents of any Mortgage File retained by it only in accordance with this Agreement and the Servicing Transfer Instructions, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 7.03 of this Agreement or if required under applicable law Applicable Law or court order. Books and Records. The sale of each Mortgage Loan will be reflected on the Seller’s balance sheet and other financial statements as a sale of assets by the Seller. The Seller shall maintain a complete set of books and records for the Mortgage Loans sold by it which shall be appropriately identified in the Seller’s computer system to clearly reflect the ownership of the Mortgage Loans by the Purchaser. In addition to the foregoing, the Seller shall provide to any supervisory agents or examiners that regulate the Purchaser, including but not limited to, the OCC, the FDIC and other similar entities, access, during normal business hours, upon reasonable advance notice to the Seller and without charge to the Seller or such supervisory agents or examiners, to any documentation regarding the Mortgage Loans that may be reasonably required by any applicable regulator and that was not previously provided to Purchaser. Delivery of Mortgage Loan Documents. The Seller shall deliver and release to the Purchaser’s Custodian the Mortgage Loan Documents on the Closing Date upon its receipt of the Purchase Price. If the Seller cannot deliver the original recorded Mortgage Loan Documents on the Closing Date, the Seller shall, promptly upon receipt thereof and in any case not later than 120 days from the Closing Date, deliver such original recorded Mortgage Loan Documents to the Purchaser or the Custodian (unless the Seller is delayed in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office). If delivery is not completed within 120 days of the Closing Date solely because such Mortgage Loan Documents shall not have been returned by the appropriate recording office, the Seller shall deliver such Mortgage Loan Documents to Purchaser, or the Custodian, within such time period as specified in a Seller’s Officer’s Certificate. In the event that documents have not been received by the date specified in the Seller’s Officer’s Certificate, a subsequent Seller’s Officer’s Certificate shall be delivered by such date specified in the prior Seller’s Officer’s Certificate, stating a revised date for receipt of documentation. The Seller shall include with each Seller’s Officer’s Certificate a listing of all delayed recorded documents. The procedure shall be repeated until the documents have been received and delivered. The Seller shall use commercially reasonable efforts to effect delivery of all delayed recorded documents within 180 days of the Closing Date. Seller must deliver to Purchaser all Mortgage Loan Documents with respect to any Mortgage Loan within 360 days of the Closing Date (the “Delivery Date”). If Purchaser does not receive the missing Mortgage Loan Documents by the Delivery Date, Purchaser shall notify the Seller in writing thereof and provide a thirty (30) days cure period from the date of the written notice. If Seller is not able to deliver the missing Mortgage Loan Documents by the end of the cure period, at Purchaser’s option, Seller shall repurchase the Mortgage Loans for which there are missing Mortgage Loan Documents pursuant to Section 7.03. Any review by the Purchaser or its designee of the Mortgage Files shall in no way alter or reduce the Seller’s obligations hereunder. If the Purchaser or its designee discovers any material defect which materially and adversely affects the value of the related Mortgage Loan with respect to any document constituting part of a Mortgage File for such Mortgage Loan, the Purchaser shall, or shall cause its designee to, give written specification of such material defect to the Seller and the Seller shall cure or repurchase such Mortgage Loan in accordance with Section 7.03. The Seller shall forward to the Purchaser, or its designee, original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into within seven (7) business days of their execution and shall also provide the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the original within ten (10) days of its return from the appropriate public recording office. RESPA Notice and Helping Families Notice Prior to each Servicing Transfer Date, the Seller and Purchaser shall furnish to the applicable Mortgagors notices required under the Real Estate Settlement Procedure Act (“RESPA”) within the time frames required by RESPA. Within thirty (30) days following the Closing Date in respect of a Mortgage Loan that is not a MERS Mortgage Loan, the Seller shall furnish to the Mortgagor of such Mortgage Loan the notice required by Section 404 of the Helping Families Save Their Homes Act of 2009 (the “Helping Families Act”) in accordance with the provisions of the Helping Families Act. Within five (5) Business Days following the Closing Date in respect of a MERS Mortgage Loan, the Seller shall notify MERS of the transfer of ownership of such MERS Mortgage Loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!