Common use of Release of Trust Estate Clause in Contracts

Release of Trust Estate. (a) Except as otherwise provided in subsections (b) and (c) of this Section 2.9 and Section 11.1 hereof and the terms of the Transaction Documents, the Indenture Trustee shall release property from the lien of this Indenture only upon consent of the Insurer and receipt of an Issuer Request accompanied by an Officer's Certificate, an Opinion of Counsel and Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(l) or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates. (b) The Servicer, on behalf of the Issuer and with the consent of the Insurer, shall be entitled to obtain a release from the lien of this Indenture for any Mortgage Loan and the related Mortgaged Property at any time in accordance with the provisions of Section 3.08 of the Sale and Servicing Agreement. (c) The Indenture Trustee shall, if requested by the Servicer, temporarily release to the Servicer the Indenture Trustee's Mortgage Loan File pursuant to the provisions of Section 3.08 of the Sale and Servicing Agreement upon compliance by the Servicer of the provisions thereof provided that the Indenture Trustee's Mortgage Loan File shall have been stamped to signify the Issuer's pledge to the Indenture Trustee under the Indenture.

Appears in 5 contracts

Samples: Indenture (Chec Funding LLC), Indenture (Chec Funding LLC), Indenture (Renaissance Mortgage Acceptance Corp)

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Release of Trust Estate. (a) Except as otherwise provided in subsections (b) and (c) of this Section 2.9 and Section 11.1 hereof and the terms of the Transaction Documents, the Indenture Trustee shall release property from the lien of this Indenture only upon consent of the Insurer and receipt of an Issuer Request accompanied by an Officer's Certificate, an Opinion of Counsel and Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(l) or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates. (b) The Master Servicer, on behalf of the Issuer and with the consent of the Insurer, shall be entitled to obtain a release from the lien of this Indenture for any Mortgage Home Equity Loan and the related Mortgaged Property at any time in accordance with the provisions of Section 3.08 of the Sale and Servicing Agreement. (c) The Indenture Trustee shall, if requested by the Master Servicer, temporarily release to the Master Servicer the Indenture Trustee's Mortgage Loan File pursuant to the provisions of Section 3.08 of the Sale and Servicing Agreement upon compliance by the Master Servicer of the provisions thereof provided that the Indenture Trustee's Mortgage Loan File shall have been stamped to signify the Issuer's pledge to the Indenture Trustee under the Indenture.

Appears in 4 contracts

Samples: Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002-2), Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002-3), Indenture (HFC Revolving Corp)

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Release of Trust Estate. (a) Except as otherwise provided in subsections (b) and (c) of this Section 2.9 and Section 11.1 hereof and the terms of the Transaction Documents, the Indenture Trustee shall release property from the lien of this Indenture only upon consent of the Insurer and receipt of an Issuer Request accompanied by an Officer's ’s Certificate, an Opinion of Counsel and Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(l314(d)(1) or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates. (b) The Master Servicer, on behalf of the Issuer and with the consent of the Insurer, shall be entitled to obtain a release from the lien of this Indenture for any Mortgage Loan and the related Mortgaged Property at any time in accordance with the provisions of Section 3.08 of the Sale and Servicing Agreement. (c) The Indenture Trustee shall, if requested by the Master Servicer, temporarily release to the Master Servicer the Indenture Trustee's ’s Mortgage Loan File pursuant to the provisions of Section 3.08 of the Sale and Servicing Agreement upon compliance by the Master Servicer of the provisions thereof provided that the Indenture Trustee's ’s Mortgage Loan File shall have been stamped to signify the Issuer's ’s pledge to the Indenture Trustee under the this Indenture.

Appears in 1 contract

Samples: Indenture (Fund America Investors Corp Ii)

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