Common use of Release for Servicing Clause in Contracts

Release for Servicing. From time to time and as appropriate for the foreclosure or servicing of any of the Mortgage Loans, the Custodian is hereby authorized, upon written receipt from the related Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 3, to release to such Servicer the related Custodial File or the documents set forth in such request and receipt to such Servicer. The related Servicer promptly shall return to the Custodian the Custodial File or other such documents when such Servicer’s need therefor no longer exists, unless the related Mortgage Loan shall be liquidated, in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the related Servicer to the Custodian in the form annexed hereto as Exhibit 3, the related Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released and the Custodian shall have no further obligations in connection therewith. In the event that the Custodian fails to produce a Mortgage Note, Assignment of Mortgage or any other document related to a Mortgage Loan that the Custodian was required to review, and was in its possession for purposes of review pursuant to this Custodial Agreement, within five (5) Business Days after requested by a Servicer (a “Custodial Delivery Failure”), and provided, that (i) the Custodian previously delivered a Trust Receipt and Initial Certification with respect to such Mortgage Loan which did not list such document as an exception; and (ii) such document is not outstanding pursuant to a request for release of documents and receipt in the form annexed hereto as Exhibit 3 or delivered pursuant to written directions of the Trustee under Section 4(c), then the Custodian shall (x) with respect to any missing Mortgage Note, promptly deliver to the Trustee, upon request, a Lost Note Affidavit in the form annexed hereto as Exhibit 6 and indemnify the Trust, its successors and assigns as set forth therein, and (y) with respect to any Assignment of Mortgage or other missing document related to a Mortgage Loan required to be reviewed but not identified as an exception or released or delivered as described in clause (ii) above, indemnify and hold harmless, from the Custodian’s own funds, the Trust and the applicable Servicer for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever, including, without limitation, reasonable attorney’s fees, that may be imposed on, incurred by, or asserted against them in any way relating to or arising out of such Custodial Delivery Failure, in each case subject to the first paragraph of Section 26.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian is hereby authorizedshall, upon written receipt from the related Servicer of a request Request for release Release of documents Documents and receipt Receipt in the form annexed of Exhibit 3 attached hereto as Exhibit 3(“Request for Release”), release or cause to release be released to such Servicer Sellers or the Sellers’ Authorized Representative the related Custodial Mortgage File or the documents of the related Mortgage File set forth in such request Request for Release. Each Seller shall send a copy of any such Request for Release to the Buyer. Any document released to a Seller or such Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and receipt the Custodian shall notify the Buyer of any failure by a Seller to so return any such Servicerdocument. The related Servicer promptly All Mortgage Files or documents from Mortgage Files released by the Custodian to a Seller or, upon such Seller’s Written Instructions, such Seller’s Authorized Representative, pursuant to this Section 7 shall be held by a Seller or such Seller’s Authorized Representative, as applicable, in trust for the benefit of the Buyer. Each Seller or such Seller’s Authorized Representative, as applicable, shall return to the Custodian the Custodial Mortgage File or other such documents from Mortgage Files when such Servicer’s the need therefor in connection with such servicing no longer existsexists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the related Mortgage Loan shall be liquidated, in which case, upon receipt of an additional request for release of a Seller or, if the Mortgage File or documents and receipt certifying were released to such liquidation from the related Servicer Seller’s Authorized Representative, such Seller’s Authorized Representative shall deliver to the Custodian in an additional Request for Release that has been acknowledged and agreed to by the form annexed hereto as Exhibit 3, Buyer certifying such liquidation. Upon receipt of the related Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released and Mortgage File or other such documents from a Seller, the Custodian shall have no further obligations in connection therewith. In return the event that the Custodian fails to produce a Mortgage Note, Assignment of Mortgage or any other document related to a Mortgage Loan that the Custodian was required to review, and was in its possession Request for purposes of review pursuant to this Custodial Agreement, within five (5) Business Days after requested by a Servicer (a “Custodial Delivery Failure”), and provided, that (i) the Custodian previously delivered a Trust Receipt and Initial Certification with respect Release to such Mortgage Loan which did not list such document as an exception; and (ii) such document is not outstanding pursuant to Seller, with a request for release of documents and receipt in the form annexed hereto as Exhibit 3 or delivered pursuant to written directions of the Trustee under Section 4(c), then the Custodian shall (x) with respect to any missing Mortgage Note, promptly deliver copy to the TrusteeBuyer, upon request, a Lost Note Affidavit in the form annexed hereto as Exhibit 6 and indemnify the Trust, its successors and assigns as set forth therein, and (y) with respect to any Assignment acknowledging receipt of such Mortgage File or other missing document related to a Mortgage Loan required to be reviewed but not identified as an exception or released or delivered as described in clause (ii) above, indemnify and hold harmless, from the Custodian’s own funds, the Trust and the applicable Servicer for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever, including, without limitation, reasonable attorney’s fees, that may be imposed on, incurred by, or asserted against them in any way relating to or arising out of such Custodial Delivery Failure, in each case subject to the first paragraph of Section 26documents.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian is hereby authorizedshall, upon written receipt from the related Servicer of a request Request for release Release of documents Documents and receipt Receipt in the form annexed of Exhibit 3 attached hereto as Exhibit 3(“Request for Release”), release or cause to release be released to such Servicer the Seller or the Seller’s Authorized Representative the related Custodial Mortgage File or the documents of the related Mortgage File set forth in such request and receipt to such ServicerRequest for Release. The related Servicer promptly Seller shall send a copy of any such Request for Release to the Buyer. Any document released to the Seller or the Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the Seller to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the Seller or, upon the Seller’s Written Instructions, the Seller’s Authorized Representative, pursuant to this Section 7 shall be held by the Seller or the Seller’s Authorized Representative, as applicable, in trust for the benefit of the Buyer. The Seller or the Seller’s Authorized Representative, as applicable, shall return to the Custodian the Custodial Mortgage File or other such documents from Mortgage Files when such Servicer’s the need therefor in connection with such servicing no longer existsexists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the related Mortgage Loan shall be liquidated, in which case, upon receipt of an additional request for release of the Seller or, if the Mortgage File or documents and receipt certifying such liquidation from were released to the related Servicer Seller’s Authorized Representative, the Seller’s Authorized Representative shall deliver to the Custodian in an additional Request for Release that has been acknowledged and agreed to by the form annexed hereto as Exhibit 3, Buyer certifying such liquidation. Upon receipt of the related Servicer’s request and receipt submitted pursuant to Mortgage File or other such documents from the first sentence of this Section 8 shall be released and Seller, the Custodian shall have no further obligations in connection therewith. In return the event that related Request for Release to the Custodian fails Seller, with a copy to produce a Mortgage Notethe Buyer, Assignment acknowledging receipt of Mortgage or any other document related to a Mortgage Loan that the Custodian was required to review, and was in its possession for purposes of review pursuant to this Custodial Agreement, within five (5) Business Days after requested by a Servicer (a “Custodial Delivery Failure”), and provided, that (i) the Custodian previously delivered a Trust Receipt and Initial Certification with respect to such Mortgage Loan which did not list such document as an exception; and (ii) such document is not outstanding pursuant to a request for release of documents and receipt in the form annexed hereto as Exhibit 3 or delivered pursuant to written directions of the Trustee under Section 4(c), then the Custodian shall (x) with respect to any missing Mortgage Note, promptly deliver to the Trustee, upon request, a Lost Note Affidavit in the form annexed hereto as Exhibit 6 and indemnify the Trust, its successors and assigns as set forth therein, and (y) with respect to any Assignment of Mortgage File or other missing document related to a Mortgage Loan required to be reviewed but not identified as an exception or released or delivered as described in clause (ii) above, indemnify and hold harmless, from the Custodian’s own funds, the Trust and the applicable Servicer for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever, including, without limitation, reasonable attorney’s fees, that may be imposed on, incurred by, or asserted against them in any way relating to or arising out of such Custodial Delivery Failure, in each case subject to the first paragraph of Section 26documents.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian is hereby authorized, upon written receipt from the related Servicer of a request Request for release Release of documents Documents and receipt Receipt in the form annexed of Exhibit 2 attached hereto as Exhibit 3("Request for Release"), with a copy to ------------------- the applicable Registered Holder and, if Buyer is not the applicable Registered Holder at such time, Buyer, to release or cause to such Servicer be released to the Seller or the Seller's Authorized Representative the related Custodial Mortgage File or the documents of the related Mortgage File set forth in such request and receipt Request for Release; provided, that any document released to Seller or Seller's Authorized Representative pursuant to a Request for Release shall be returned to Custodian no later than thirty (30) days from the date on such ServicerRequest for Release. (b) All Mortgage Files or documents of Mortgage Files released by the Custodian to the Seller or, at the Seller's written direction, the Seller's Authorized Representative pursuant to this Section 9 shall be held by the Seller or the Seller's Authorized Representative, as applicable, in trust for the benefit of the related Registered Holder. The related Servicer promptly Seller or the Seller's Authorized Representative, as applicable, shall return to the Custodian Custodian, the Custodial Mortgage File or other such documents of Mortgage Files when such Servicer’s the need therefor in connection with such foreclosure or servicing no longer existsexists (but in any event no later than thirty (30) days from the date on such Request for Release), unless the related Mortgage Loan shall be liquidated, in which case, upon receipt of the Seller or, if the Mortgage File or documents were released to the Seller's Authorized Representative, the Seller's Authorized Representative shall deliver to Custodian an additional request Request for release of documents Release that has been acknowledged and receipt certifying such liquidation from the related Servicer agreed by Buyer, with a copy to the Custodian in the form annexed hereto as Exhibit 3Registered Holder, the related Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released and the Custodian shall have no further obligations in connection therewith. In the event that the Custodian fails to produce a Mortgage Note, Assignment of Mortgage or any other document related to a Mortgage Loan that the Custodian was required to review, and was in its possession for purposes of review pursuant to this Custodial Agreement, within five (5) Business Days after requested by a Servicer (a “Custodial Delivery Failure”), and provided, that (i) the Custodian previously delivered a Trust Receipt and Initial Certification with respect to such Mortgage Loan which did not list such document as an exception; and (ii) such document is not outstanding pursuant to a request for release of documents and receipt in the form annexed hereto as Exhibit 3 or delivered pursuant to written directions of the Trustee under Section 4(c), then the Custodian shall (x) with respect to any missing Mortgage Note, promptly deliver to the Trustee, upon request, a Lost Note Affidavit in the form annexed hereto as Exhibit 6 and indemnify the Trust, its successors and assigns as set forth therein, and (y) with respect to any Assignment of Mortgage or other missing document related to a Mortgage Loan required to be reviewed but not identified as an exception or released or delivered as described in clause (ii) above, indemnify and hold harmless, from the Custodian’s own funds, the Trust and the applicable Servicer for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever, including, without limitation, reasonable attorney’s fees, that may be imposed on, incurred by, or asserted against them in any way relating to or arising out of such Custodial Delivery Failure, in each case subject to the first paragraph of Section 26.certifying such

Release for Servicing. From time to time and as appropriate for the foreclosure or servicing of any of the Mortgage Loans, the Custodian is hereby authorized, upon written receipt from the related Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 3, to release to such Servicer the related Custodial File or the documents set forth in such request and receipt to such Servicer. The related Servicer promptly shall return to the Custodian the Custodial File or other such documents when such the Servicer’s need therefor no longer exists, unless the related Mortgage Loan shall be liquidated, liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the related Servicer to the Custodian in the form annexed hereto as Exhibit 3, the related Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released and by the Custodian shall have no further obligations in connection therewithto the Servicer. In the event that If the Custodian fails to produce release the Custodial File within three (3) business days of receipt of the request for release of documents, the Custodian, upon the written request of the Servicer, will provide the Servicer with a Mortgage Note, Assignment of Mortgage or any other document related to a Mortgage Loan that the Custodian was required to review, lost note affidavit and was in its possession for purposes of review pursuant to this Custodial Agreement, within five (5) Business Days after requested by a Servicer (a “Custodial Delivery Failure”), and indemnity; provided, however, that (i) in the Custodian previously delivered a event the Custodial File did not contain an original Mortgage Note and such exception was duly reported on the document exception report attached to the Trust Receipt and Initial Certification with respect Certification, the Custodian will not be required to such Mortgage Loan which did not list such document as an exception; provide a lost note affidavit and (ii) such document is not outstanding pursuant indemnity. The Custodian agrees to a request indemnify the Trustee for release of documents and receipt in the form annexed hereto as Exhibit 3 or delivered pursuant to written directions reasonable replacement cost of the Trustee under Section 4(c)file, then as well as any actual penalties or charges resulting from the failure of the Custodian shall (x) with respect to any missing return the Mortgage Note, promptly deliver to Files within the Trustee, upon request, a Lost Note Affidavit in the form annexed hereto as Exhibit 6 and indemnify the Trust, its successors and assigns as set forth therein, and (y) with respect to any Assignment of Mortgage or other missing document related to a Mortgage Loan required to be reviewed but not identified as an exception or released or delivered as time frame described in clause (ii) above, indemnify and hold harmless, from the Custodian’s own funds, the Trust and the applicable Servicer for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever, including, without limitation, reasonable attorney’s fees, that may be imposed on, incurred by, or asserted against them in any way relating to or arising out of such Custodial Delivery Failure, in each case subject to the first paragraph of Section 26.

Release for Servicing. From time to time and as appropriate for the foreclosure or servicing of any of the Mortgage Loans, the Custodian is hereby authorized, upon written receipt from the related applicable Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 34, to release to such the related Servicer the related Custodial Mortgage File or the documents set forth in such request and receipt to such Servicerreceipt. The related applicable Servicer shall promptly shall return to the Custodian the Custodial Mortgage File or other such documents when such the related Servicer’s need therefor no longer exists, unless the related Mortgage Loan shall be liquidated, liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the related applicable Servicer to the Custodian in the form annexed hereto as Exhibit 34, the related applicable Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released and by the Custodian shall have no further obligations in connection therewithto the applicable Servicer. In the event that If the Custodian fails to produce a release the Mortgage Note, Assignment of Mortgage or any other document related to a Mortgage Loan that the Custodian was required to review, and was in its possession for purposes of review pursuant to this Custodial Agreement, File within five (5) Business Days after requested by a Servicer (a “Custodial Delivery Failure”), and provided, that (i) business days of receipt of the Custodian previously delivered a Trust Receipt and Initial Certification with respect to such Mortgage Loan which did not list such document as an exception; and (ii) such document is not outstanding pursuant to a request for release of documents documents, the Custodian, upon the written request of the applicable Servicer, will provide the Applicable Servicer with a lost note affidavit and receipt indemnity; provided, however, that in the form annexed hereto as Exhibit 3 or delivered pursuant event such Mortgage File did not contain an original Mortgage Note and such exception was duly reported on the document exception report attached to written directions the interim certification, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Servicer and the Trustee for the reasonable replacement cost of the Trustee under Section 4(c)file, then as well as any actual penalties or charges resulting from the failure of the Custodian shall (x) with respect to any missing return the Mortgage Note, promptly deliver to Files within the Trustee, upon request, a Lost Note Affidavit in the form annexed hereto as Exhibit 6 and indemnify the Trust, its successors and assigns as set forth therein, and (y) with respect to any Assignment of Mortgage or other missing document related to a Mortgage Loan required to be reviewed but not identified as an exception or released or delivered as time frame described in clause (ii) above, indemnify and hold harmless, from the Custodian’s own funds, the Trust and the applicable Servicer for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever, including, without limitation, reasonable attorney’s fees, that may be imposed on, incurred by, or asserted against them in any way relating to or arising out of such Custodial Delivery Failure, in each case subject to the first paragraph of Section 26.