Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 34 contracts
Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2006-2), Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Noteholders’ expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Majority Noteholders requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Noteholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 21 contracts
Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Noteholders' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Majority Noteholders requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Noteholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 18 contracts
Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/), Sale and Servicing Agreement (American Business Financial Services Inc /De/), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Master Servicer at the Certificateholders' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Majority Certificateholders requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 17 contracts
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp), Pooling and Servicing Agreement (Nations Asset Securities Inc), Pooling and Servicing Agreement (Jv Capital Trust)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Certificateholders' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Majority Certificateholders requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Nations Banc Asset Sec Ins Asset Backed Cert Series 1997-1), Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Master Servicer at the Noteholders' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Majority Noteholders requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Noteholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Accredited Mort Loan Trust Asset Back Notes Series 2003-1), Sale and Servicing Agreement (Accredited Home Lenders Accredited Mort Loan Trust 2002-2), Sale and Servicing Agreement (Accredited Home Lenders Accredited Mort Loan Trust 2002-2)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Holders' or Certificate Insurer's expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of Majority in Aggregate Voting Interest or the Notes and of the Holder of the Ownership Certificate Insurer requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Certificateholders or the Certificate Insurer or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages Properties are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Owners' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance Owners of the majority of the Percentage Interest of the Notes and of or the Holder of the Ownership Certificate requesting such recordationNote Insurer, but only when accompanied by an Opinion opinion of Counsel counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Owners or is necessary for the administration or servicing of the Mortgage Home Equity Loans.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1997-6), Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1997-8), Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1998-4)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than [66-2/3% 2/3]% of the Note Principal Balance Amount of the Notes and of the Holder of the Ownership Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Indymac Abs Inc), Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwalt Inc)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance Amount of the Notes and of the Holder of the Ownership Trust Certificate and at the expense of those requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1), Sale and Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Sale and Servicing Agreement (New York Mortgage Trust 2005-2)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages Mortgaged Properties are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Noteholders' expense on direction and at of the expense of Indenture Trustee or the Holders of Notes representing not less than 66-2/351% of the aggregate Note Principal Balance of the Notes and all Classes of the Holder of the Ownership Certificate requesting such recordationNotes, but only when accompanied by an Opinion opinion of Counsel counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Noteholders or is necessary for the administration or servicing of the Mortgage Home Equity Loans.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Chec Funding LLC), Sale and Servicing Agreement (Chec Funding LLC), Sale and Servicing Agreement (Renaissance Mortgage Acceptance Corp)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages Properties are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Owners' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance Owners of the majority of the Percentage Interest of the Notes and of or the Holder of the Ownership Certificate requesting such recordationNote Insurer, but only when accompanied by an Opinion opinion of Counsel counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Owners or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-2), Sale and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-1f), Sale and Servicing Agreement (Amresco Residential Securities Corp)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Master Servicer at the Noteholders’ expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Majority Noteholders requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Noteholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2004-3), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2004-2)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages Mortgaged Properties are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Master Servicer at the Master Servicer’s expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of Indenture Trustee or the Notes and of the Holder of the Ownership Certificate requesting such recordationMajority Class A Noteholders, but only when accompanied by an Opinion opinion of Counsel counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Class A Noteholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (Fund America Investors Corp Ii)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Certificate Principal Balance Amount of the Notes and of the Holder of the Ownership Certificate Certificates requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersCertificateholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Homebanc Corp), Pooling and Servicing Agreement (Homebanc Corp), Pooling and Servicing Agreement (HomeBanc 2007-1)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance Amount of the Notes and of the Holder of the Ownership Certificate Residual Certificates requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp), Transfer and Servicing Agreement (Structured Asset Securities Corp), Transfer and Servicing Agreement (Structured Asset Securities Corp)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Transfer and Servicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2), Transfer and Servicing Agreement (Sasco Mortgage Loan Trust Series 2003-Gel1)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the each Class of Notes and of the Holder of the Ownership Certificate Residual Certificates requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He4), Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He1), Sale and Servicing Agreement (Financial Asset Securities Corp)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance Amount of the each Class of Notes and of the Holder of the Ownership Certificate Residual Certificates requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2006-He1), Sale and Servicing Agreement (Bond Securitization LLC)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Certificate Principal Balance of the Notes Certificates and of the Holder of the Ownership Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersCertificateholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (TBALT Corp.), Pooling and Servicing Agreement (HMB Acceptance Corp.)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Residual Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Structured Asset Securities Corp), Transfer and Servicing Agreement (Structured Asset Securities Corp)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-66 2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (NYMT Securities CORP)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance Amount of the each Class of Notes and of the Holder of the Ownership Certificate Residual Certificates requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1), Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He3)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders the Noteholders of not less than 66-66 2/3% of the of the Note Principal Balance Amount of the Notes and of the Holder of the Ownership Certificate Certificateholder requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (First NLC Securitization, Inc.)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages Resorts are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Noteholders' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate requesting such recordationMajority Noteholders, but only when accompanied by an Opinion opinion of Counsel counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Noteholders or is necessary for the administration or servicing of the Mortgage LoansReceivables.
Appears in 1 contract
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Class Principal Balance of the Notes and of the Holder of the Ownership Certificate Certificates requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersCertificateholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (NYMT Securities CORP)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages Mortgaged Properties are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Servicer’s expense on direction and of the Indenture Trustee acting at the expense of Holders of not less than 66-2/3% direction of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate requesting such recordationMajority Holders, but only when accompanied by an Opinion opinion of Counsel counsel delivered by counsel to the Majority Holders to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Class A Noteholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders the Noteholders of not less than 66-2/3% of the of the Note Principal Balance Amount of the Notes and of the Holder of the Ownership Certificate Certificateholder requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders the Noteholders of not less than 66-2/3% of the Note of the Class Principal Balance Amount of the Notes and of the Holder of the Ownership Certificate Certificateholder requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Lares Asset Securitization, Inc.)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Securityholders' [or the Note Insurer's] expense on direction and at the expense of Holders of not less than 66-2/3% of Majority Securityholders [or the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Insurer's] requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders or the Note Insurer, as applicable, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Finance America Securities LLC)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Securityholders' or the Note Insurer's expense on direction and at the expense of Holders of not less than 66-2/3% of Majority Securityholders or the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Insurer's requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders or the Note Insurer, as applicable, or is necessary for the administration or servicing of the Mortgage Home Loans.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders the Noteholders of not less than 66-2/3% of the Note of the Class Principal Balance Amount of the Notes and of the Holder of the Ownership Certificate Certificateholder requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization Trust 2005-1)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages or Manufactured Home Contracts are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Certificateholders' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate Majority Certificateholders requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Painewebber Mort Accept Corp Iv New South Home Eq Tr 1999-1)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Residual Interest Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Structured Asset Securities Corp Mort Back Notes Ser 2002 9)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages Resorts are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Owners' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes and of the Holder of the Ownership Certificate requesting such recordationMajority Noteholders, but only when accompanied by an Opinion opinion of Counsel counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Owners or is necessary for the administration or servicing of the Mortgage LoansReceivables.
Appears in 1 contract
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance of the Notes Securities and of the Holder of the Ownership Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
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Samples: Transfer and Servicing Agreement (Merrill Lynch Mort Inv Fieldstone Mort Inv Tr Ser 2004-1)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance Amount of the Notes Securities and of the Holder of the Ownership Certificate requesting such recordation, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the NoteholdersSecurityholders, or is necessary for the administration or servicing of the Mortgage Loans.
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Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.)
Recordation of Agreement. To the extent permitted by applicable law, this Agreement, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Depositor Servicer at the Certificateholders' expense on direction and at the expense of Holders of not less than 66-2/3% of the Note Principal Balance Certificate Insurer or the Majority Certificateholders of the Notes and of the Holder of the Ownership Certificate requesting such recordationboth Sub-Pools, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Noteholders, Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.
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Samples: Pooling and Servicing Agreement (Superior Bank FSB)