Common use of Removal of the Custodian Clause in Contracts

Removal of the Custodian. Upon at least 45 days' prior written notice to the Custodian and MRFC, and only for cause, Norwest Bank may remove and discharge the Custodian from the performance of its duties under this Agreement. Having given notice of such removal and having received the prior written consent of Norwest Bank, MRFC promptly shall appoint a successor Custodian to act on behalf of Norwest Bank by written instrument, one original counterpart of which instrument shall be delivered to the Custodian. Any termination by Norwest Bank shall be accompanied or followed promptly by proper instructions in writing setting forth the names of the persons to whom the Custodian shall deliver the Additional Collateral. The Custodian will deliver promptly the Additional Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. MRFC shall cause the Master Servicer to pay the fees of the successor Custodian, provided, that if Norwest Bank is the successor to the Master Servicer under the Pooling and Servicing Agreement, MRFC shall pay such fees.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Cor Mor Pas THR Cer Ser 2000-Tbc1), Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Tr Se 2000 Tbc2)

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Removal of the Custodian. Upon at least 45 days' prior written notice to the Custodian and MRFC, and only for cause, Norwest Bank may remove and discharge the Custodian from the performance of its duties under this Agreement. Having given notice of such removal and having received the prior written consent of MRFC, Norwest Bank, MRFC Bank promptly shall appoint a successor Custodian to act on behalf of Norwest Bank by written instrument, one original counterpart of which instrument shall be delivered to the Custodian. Any termination by Norwest Bank shall be accompanied or followed promptly by proper instructions in writing setting forth the names of the persons to whom the Custodian shall deliver the Additional Collateral. The Custodian will deliver promptly the Additional Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. MRFC shall cause the Master Servicer to pay the fees of the successor Custodian, provided, that if Norwest Bank is the successor to the Master Servicer under the Pooling and Servicing Agreement, MRFC shall pay such fees.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Cor Mor Pas THR Tr Ser 1999-Tbc3), Pooling and Servicing Agreement (Mellon Residential Funding Cor Mor Pas THR Cer Ser 1999-Tbc2)

Removal of the Custodian. Upon at least 45 days' prior written notice to the Custodian and MRFC, and only for cause, Norwest Bank Wellx Xxxgo may remove and discharge the Custodian from the performance of its duties under this Agreement. Having given notice of such removal and having received the prior written consent of Norwest BankWellx Xxxgo, MRFC promptly shall appoint a successor Custodian to act on behalf of Norwest Bank Wellx Xxxgo by written instrument, one original counterpart of which instrument shall be delivered to the Custodian. Any termination by Norwest Bank Wellx Xxxgo shall be accompanied or followed promptly by proper instructions in writing setting forth the names of the persons to whom the Custodian shall deliver the Additional Collateral. The Custodian will deliver promptly the Additional Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. MRFC shall cause the Master Servicer to pay the fees of the successor Custodian, provided, that if Norwest Bank Wellx Xxxgo is the successor to the Master Servicer under the Pooling and Servicing Agreement, MRFC shall pay such fees.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Ser 2000 TBC 3)

Removal of the Custodian. Upon at least 45 days' ’ prior written notice to the Custodian and MRFC, and only for cause, Norwest Bank Xxxxx Fargo may remove and discharge the Custodian from the performance of its duties under this Agreement. Having given notice of such removal and having received the prior written consent of Norwest BankXxxxx Fargo, MRFC promptly shall appoint a successor Custodian to act on behalf of Norwest Bank Xxxxx Fargo by written instrument, one original counterpart of which instrument shall be delivered to the Custodian. Any termination by Norwest Bank Xxxxx Fargo shall be accompanied or followed promptly by proper instructions in writing setting forth the names of the persons to whom the Custodian shall deliver the Additional Collateral. The Custodian will deliver promptly the Additional Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. MRFC shall cause the Master Servicer to pay the fees of the successor Custodian, provided, that if Norwest Bank Xxxxx Fargo is the successor to the Master Servicer under the Pooling and Servicing Agreement, MRFC shall pay such fees.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

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Removal of the Custodian. Upon at least 45 days' prior written notice to the Custodian and MRFC, and only for cause, Norwest Bank Bankers Trust may remove and discharge the Custodian from the performance of its duties under this Agreement. Having given notice of such removal and having received the prior written consent of Norwest BankMRFC, MRFC Bankers Trust promptly shall appoint a successor Custodian to act on behalf of Norwest Bank Bankers Trust by written instrument, one original counterpart of which instrument shall be delivered to the Custodian. Any termination by Norwest Bank Bankers Trust shall be accompanied or followed promptly by proper instructions in writing setting forth the names of the persons to whom the Custodian shall deliver the Additional Collateral. The Custodian will deliver promptly the Additional Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. MRFC shall cause the Master Servicer to pay the fees of the successor Custodian, provided, that if Norwest Bank is the successor to the Master Servicer under the Pooling and Servicing Agreement, MRFC shall pay such fees.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 1999-Tbc1)

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