Release of Home Loan Files. (a) If with respect to any Home Loan: (i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid; (ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes; (iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee pursuant to Section 3.05 hereof; (iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof; or (v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in each such case, the Servicer shall deliver an Officer's Certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Trustee release to the Servicer the related Grantor Trustee's Home Loan File. Upon the receipt of such Officer's Certificate, the Grantor Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Trustee's Home Loan File has previously been released), the related Grantor Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate. (b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or appropriate for the servicing (which may include any modification or foreclosure) of any Home Loan, then upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee shall release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the Servicer.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998 3), Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee pursuant to Section 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in each such case, the Servicer shall deliver an Officer's Certificate a certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Trustee release to the Servicer the related Grantor Trustee's Home Loan File. Upon the receipt of such Officer's Certificate, and the Grantor Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Trustee's Home Loan File has previously been released), the related Grantor Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or From time to time and as appropriate for the servicing (which may include any modification or foreclosure) foreclosure of any Home Loan, then the Grantor Trustee shall, upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee shall Servicer, release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the ServicerServicer in accordance with Section 3(a) of the applicable Custodial Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998-1), Sale and Servicing Agreement (Master Financial Asset Securitization Trust 1998-2)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee Trust pursuant to Section 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in . In each such case, the Servicer shall deliver an Officer's Certificate a certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Indenture Trustee release to the Servicer the related Grantor Indenture Trustee's Home Loan File. Upon , and the receipt of such Officer's Certificate, the Grantor Indenture Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Indenture Trustee's Home Loan File has previously been released), the related Grantor Indenture Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or From time to time and as appropriate for the servicing (which may include any modification or foreclosure) foreclosure of any Home Loan, then the Indenture Trustee shall, upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee shall Servicer, release the related Grantor Indenture Trustee's Home Loan File (or any requested portion thereof) to the ServicerServicer in accordance with Section 3(a) of the Custodial Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-4), Sale and Servicing Agreement (Ditech Funding Corp Home Loan Owner Trust 1997-1)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee Owner Trust pursuant to Section 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Owner Trust pursuant to Section 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in . In each such case, the Servicer shall deliver an Officer's Certificate a certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Indenture Trustee release to the Servicer the related Grantor Indenture Trustee's Home Loan File. Upon , and the receipt of such Officer's Certificate, the Grantor Indenture Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Indenture Trustee's Home Loan File has previously been released), the related Grantor Indenture Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release From time to time and as appropriate for the servicing or foreclosure of any Home Loan, the Indenture Trustee shall, upon request of the Grantor Servicer, in the form of Exhibit C to the Custodial Agreement, release the related Indenture Trustee's Home Loan File is necessary or appropriate for the servicing (which may include any modification or foreclosure) of any Home Loan, then upon the request of to the Servicer pursuant to in accordance with Section 3(b) of the Custodial Agreement the Grantor Trustee shall release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the ServicerAgreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Life Financial Home Loan Owner Trust 1997-3)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee Trust pursuant to Section 3.05 hereof;3.06; ------------
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof11.01; -------------
(v) the FHA has paid a claim with respect to such Home Loan that is an FHA Loan under the Contract of Insurance; or
(vvi) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in 4.13. ------------ In each such case, the Servicer shall deliver an Officer's Certificate a certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Indenture Trustee release to the Servicer the related Grantor Trustee's Home Loan File. Upon , then the receipt of such Officer's Certificate, the Grantor Indenture Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Trustee's Home Loan File has previously been released), the related Grantor Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or From time to time and as appropriate for the servicing (which may include any modification or foreclosure) foreclosure of any Home LoanLoan or to effectuate the payment of a claim under the Contract of Insurance, then the Indenture Trustee shall, upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee shall Servicer, release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the Servicer. Such receipt shall obligate the Servicer, to return the Home Loan File (or such portion thereof) to the Indenture Trustee when the need therefor by the Servicer, no longer exists unless any of the conditions specified in subsection (a) above, is satisfied prior thereto. The Indenture Trustee shall release such receipt to the Servicer (i) upon the Servicer's return of the Servicer's Home Loan File (or such portion thereof) to the Indenture Trustee or (ii) if any of the conditions specified in subsection (a) has been satisfied, and the Servicer has not yet returned the Servicer's Home Loan File (or such portion thereof) to the Indenture Trustee, upon receipt of a certificate certifying that any of such condition has been satisfied.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Financial Asset Securities Corp)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Owner Trustee pursuant to Section 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in each such case, the Servicer shall deliver an Officer's Certificate of the Servicer pursuant to Section 4.5 of the Servicing Agreement to the effect that the Servicer has complied with all of its obligations under this Agreement and the Servicing Agreement with respect to such Home Loan and requesting that the Grantor Trustee Custodian release to the Servicer the related Grantor Indenture Trustee's Home Loan File. Upon the receipt of such Officer's Certificate, the Grantor Trustee Custodian shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Indenture Trustee's Home Loan File has previously been released), the related Grantor Indenture Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Indenture Trustee's Home Loan File is necessary or appropriate for the servicing (which may include any modification or foreclosure) of any Home Loan, then upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee Custodian shall release the related Grantor Indenture Trustee's Home Loan File (or any requested portion thereof) to the Servicer.
Appears in 1 contract
Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee Trust pursuant to Section 3.05 3.06 hereof;; ------------
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof; or-------------
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or (reserved); or
(vi) the related Foreclosure Property has been sold pursuant to Section 4.11 4.13 hereof; then in . ------------ In each such case, the Servicer shall deliver an Officer's Certificate a certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Indenture Trustee release to the Servicer the related Grantor Trustee's Home Loan File. Upon , and the receipt of such Officer's Certificate, the Grantor Indenture Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Trustee's Home Loan File has previously been released), the related Grantor Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or From time to time and as appropriate for the servicing (which may include any modification or foreclosure) foreclosure of any Home Loan, then the Indenture Trustee shall, upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee shall Servicer, release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the Servicer. Such receipt shall obligate the Servicer, to return the Home Loan File (or such portion thereof) to the Indenture Trustee when the need therefor by the Servicer no longer exists unless any of the conditions specified in subsection (a) of this Section 7.02, is satisfied ------------ prior thereto. The Indenture Trustee shall release such receipt to the Servicer (i) upon the Servicer's return of the Servicer's Home Loan File (or such portion thereof) to the Indenture Trustee or (ii) if any of the conditions specified in subsection (a) of this Section 7.02 has been ------------ satisfied, and the Servicer has not yet returned the Servicer's Home Loan File (or such portion thereof) to the Indenture Trustee, upon receipt of a certificate certifying that any of such conditions has been satisfied.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Financial Asset Securities Corp)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee pursuant to Section 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in . In each such case, the Servicer shall deliver an Officer's Certificate a certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Trustee release to the Servicer the related Grantor Trustee's Home Loan File. Upon the receipt of such Officer's Certificate, and the Grantor Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Trustee's Home Loan File has previously been released), the related Grantor Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or From time to time and as appropriate for the servicing (which may include any modification or foreclosure) foreclosure of any Home Loan, then the Grantor Trustee shall, upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee shall Servicer, release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the ServicerServicer in accordance with Section 3(a) of the Custodial Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-5)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee pursuant to Section 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in each such case, the Servicer shall deliver an Officer's Certificate a certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Trustee release to the Servicer the related Grantor Trustee's Home Loan File. Upon the receipt of such Officer's Certificate, and the Grantor Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Trustee's Home Loan File has previously been released), the related Grantor Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or From time to time and as appropriate for the servicing (which may include any modification or foreclosure) foreclosure of any Home Loan, then the Grantor Trustee shall, upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee shall Servicer, release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the ServicerServicer in accordance with Section 3(b) of the Custodial Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee pursuant to Section SECTION 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section SECTION 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section SECTION 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section SECTION 4.11 hereof; then in each such case, the Servicer shall deliver an Officer's Certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Trustee release to the Servicer the related Grantor Trustee's Home Loan File. Upon the receipt of such Officer's Certificate, the Grantor Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Trustee's Home Loan File has previously been released), the related Grantor Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or appropriate for the servicing (which may include any modification or foreclosure) of any Home Loan, then upon the request of the Servicer pursuant to Section 3(bSECTION 3(B) of the Custodial Agreement the Grantor Trustee shall release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the Servicer.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Owner Trustee pursuant to Section 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in each such case, the Servicer shall deliver an Officer's Certificate of the Servicer pursuant to Section 4.5 of the Servicing Agreement to the effect that the Servicer has complied with all of its obligations under this Agreement and the Servicing Agreement with respect to such Home Loan and requesting that the Grantor Trustee Custodian release to the Servicer the related Grantor Indenture Trustee's Home Loan File. Upon the receipt of such Officer's Certificate, the Grantor Trustee Custodian shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Indenture Trustee's Home Loan File has previously been released), the related Grantor Indenture Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Indenture Trustee's Home Loan File is necessary or appropriate for the servicing (which may include any modification or foreclosure) of any Home Loan, then upon the request of the Servicer pursuant to Section 3(b3(c) of the Custodial Agreement the Grantor Trustee Custodian shall release the related Grantor Indenture Trustee's Home Loan File (or any requested portion thereof) to the Servicer.
Appears in 1 contract
Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Trustee Trust pursuant to Section 3.05 hereof;3.06; ------------
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust pursuant to Section 11.01 hereof12.01; -------------
(v) the FHA has paid a claim with respect to such Home Loan that is an FHA Loan under the Contract of Insurance; or
(vvi) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; then in 4.13. ------------ In each such case, the Servicer shall deliver an Officer's Certificate a certificate to the effect that the Servicer has complied with all of its obligations under this Agreement with respect to such Home Loan and requesting that the Grantor Trustee release to the Servicer the related Grantor Trustee's Home Loan File. Upon , then the receipt of such Officer's Certificate, the Grantor Trustee shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Trustee's Home Loan File has previously been released), the related Grantor Trustee's Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Trustee's Home Loan File is necessary or From time to time and as appropriate for the servicing (which may include any modification or foreclosure) foreclosure of any Home LoanLoan or to effectuate the payment of a claim under the Contract of Insurance, then the Trustee shall, upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee shall Servicer, release the related Grantor Trustee's Home Loan File (or any requested portion thereof) to the Servicer. Such receipt shall obligate the Servicer, to return the Home Loan File (or such portion thereof) to the Trustee when the need therefor by the Servicer, no longer exists unless any of the conditions specified in subsection (a) above, is satisfied prior thereto. The Trustee shall release such receipt to the Servicer (i) upon the Servicer's return of the Servicer's Home Loan File (or such portion thereof) to the Trustee or (ii) if any of the conditions specified in subsection (a) has been satisfied, and the Servicer has not yet returned the Servicer's Home Loan File (or such portion thereof) to the Trustee, upon receipt of a certificate certifying that any of such condition has been satisfied.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Release of Home Loan Files. (a) If with respect to any Home Loan:
(i) the outstanding Principal Balance of such Home Loan plus all interest accrued thereon shall have been paid;
(ii) the Servicer shall have received, in escrow, payment in full of such Home Loan in a manner customary for such purposes;
(iii) such Home Loan has become a Defective Loan and has been repurchased or a Qualified Substitute Home Loan has been conveyed to the Grantor Owner Trustee pursuant to Section 3.05 hereof;
(iv) such Home Loan or the related Foreclosure Property has been sold in connection with the termination of the Issuer and the Grantor Trust Issuing Entity pursuant to Section 11.01 hereof; or
(v) such Home Loan is a Defaulted Home Loan or a Liquidated Home Loan that is liquidated or disposed of pursuant to Section 4.10 hereof or the related Foreclosure Property has been sold pursuant to Section 4.11 hereof; sold. then in each such case, an Officer’s Certificate of the Servicer shall deliver an Officer's Certificate pursuant to Section 4.5 of the Servicing Agreement to the effect that the Servicer has complied with all of its obligations under this Agreement and the Servicing Agreement with respect to such Home Loan and requesting that the Grantor Trustee Custodian release to the Servicer the related Grantor Indenture Trustee's ’s Home Loan File. Upon the receipt of such Officer's ’s Certificate, the Grantor Trustee Custodian shall, within five Business Days or such shorter period as may be required by applicable law, release, or cause the applicable Custodian to release (unless such Grantor Indenture Trustee's ’s Home Loan File has previously been released), the related Grantor Indenture Trustee's ’s Home Loan File to the Servicer and execute and deliver such instruments of transfer or assignment, in each case without recourse, as shall be necessary to vest ownership of such Home Loan in the Servicer or such other Person as may be specified in such certificate, the forms of any such instrument to be appended to such certificate.
(b) If a temporary release of the Grantor Indenture Trustee's ’s Home Loan File is necessary or appropriate for the servicing (which may include any modification or foreclosure) of any Home Loan, then upon the request of the Servicer pursuant to Section 3(b) of the Custodial Agreement the Grantor Trustee Custodian shall release the related Grantor Indenture Trustee's ’s Home Loan File (or any requested portion thereof) to the Servicer.
Appears in 1 contract