Common use of Recordation of Instrument Clause in Contracts

Recordation of Instrument. To the extent permitted by applicable law, this Instrument, 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 Servicer at the Certificateholders' expense on direction of the Certificate Insurer or the related Majority Certificateholders, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.

Appears in 22 contracts

Samples: Subsequent Transfer Instrument (Superior Bank FSB), Pooling and Servicing Agreement (Superior Bank FSB), Subsequent Transfer Instrument (Superior Bank FSB)

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Recordation of Instrument. To the extent permitted by applicable law, this Instrument, 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 Servicer [Servicer] at the Certificateholders' expense on direction of the Certificate Insurer or the related Majority Certificateholders, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.

Appears in 14 contracts

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2004-22sl), Pooling and Servicing Agreement (Terwin Mortgage Trust, Series 2004-11he), Pooling and Servicing Agreement (Chase Funding Inc)

Recordation of Instrument. To the extent permitted by applicable law, this Company’s Instrument, 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 Servicer at the Certificateholders' expense on direction of the Certificate Insurer or the related Majority CertificateholdersServicer, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.

Appears in 8 contracts

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2004-1), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust, Series 2005-4), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp)

Recordation of Instrument. To the extent permitted by applicable law, this Company's Instrument, 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 Servicer at the Certificateholders' expense on direction of the Certificate Insurer or the related Majority CertificateholdersServicer, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.

Appears in 7 contracts

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp), Mortgage Loan Purchase Agreement (Novastar Home Equity Loan Asset Backed Cert Series 2003-3)

Recordation of Instrument. To the extent permitted by applicable law, this Depositor’s Instrument, 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 Servicer at the Certificateholders' expense on direction of the Certificate Insurer or the related Majority CertificateholdersServicer, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders or is necessary for the administration or servicing of the Mortgage Loans.

Appears in 6 contracts

Samples: Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP), Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP), Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP)

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Recordation of Instrument. To the extent permitted by applicable law, this Instrument, 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 Servicer at the CertificateholdersNoteholders' expense on direction of the Certificate Note Insurer or the related Majority CertificateholdersNoteholders, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders Noteholders or is necessary for the administration or servicing of the Mortgage Loans.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Subsequent Transfer Instrument (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Subsequent Transfer Instrument (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2)

Recordation of Instrument. To the extent permitted by applicable law, this Instrument, law or a memorandum thereof if permitted under applicable law, this Agreement 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 related Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Master Servicer at the CertificateholdersNoteholders' expense on direction of Noteholders holding Notes evidencing at least 51% of the Certificate Insurer or the related Majority CertificateholdersAggregate Note Balance, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders Noteholders or is necessary for the administration or servicing of the Subsequent Mortgage Loans.

Appears in 1 contract

Samples: Purchase Agreement (Advanta Revolving Home Equity Loan Trust 2000 A)

Recordation of Instrument. To the extent permitted by applicable law, this Instrument, law or a memorandum thereof if permitted under applicable law, this Agreement 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 related Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Master Servicer at the CertificateholdersNoteholders' expense on direction of the Certificate Insurer or Noteholders of at least 51% of the related Majority CertificateholdersNote Balance, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders Noteholders or the Insurer or is necessary for the administration or servicing of the Subsequent Mortgage Loans.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Conduit Receivables Inc)

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