Common use of Satisfaction of Mortgages and Collateral and Release of SBA Files Clause in Contracts

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Document, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by the Servicer and shall not be chargeable to the Principal and Interest Account or the Note Distribution Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture Trustee shall, upon request of the Servicer and delivery to the Indenture Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, and

Appears in 2 contracts

Samples: Sale and Servicing Agreement (First International Bancorp Inc), Sale and Servicing Agreement (First International Bancorp Inc)

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Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from From time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture FTA and the Trustee shall, upon request of the Servicer and delivery to the Indenture FTA and the Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has have been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the FTA and the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to whom such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt shall be released by the Trustee to the Servicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture FTA and the Trustee shall, upon request of the Servicer and delivery to the Indenture FTA and the Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has have been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the FTA and the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to whom such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt shall be released by the Trustee to the Servicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents provided to it necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Document, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by the Servicer and shall not be chargeable to the Principal and Interest Account or the Note Distribution Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, Loan and the Indenture Trustee shall, upon request of the Servicer and delivery to the Indenture Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the Indenture Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to whom such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt relating to such SBA Loan shall be released by the Indenture Trustee to the Servicer. The Indenture Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents provided to it necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Indenture Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Indenture Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Indenture Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Indenture Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Indenture Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Indenture Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Indenture Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Indenture Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (BLC Financial Services Inc)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from From time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture FTA and the Trustee shall, upon request of the Servicer and delivery to the Indenture FTA and the Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has have been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the FTA and the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt shall be released by the Trustee to the Servicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Sba Loan Backed Adj Rak Cert Series 1997-I)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture Trustee shall, upon request of the Servicer and delivery to the Indenture Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to whom such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt relating to such SBA Loan shall be released by the Trustee to the Servicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents provided to it necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First International Bancorp Inc)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture FTA and the Trustee shall, upon request of the Servicer and delivery to the Indenture FTA and the Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has have been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the FTA and the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt shall be released by the Trustee to the Servicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store of New York Inc)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture FTA and the Trustee shall, upon request of the Servicer and delivery to the Indenture FTA and the Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the FTA and the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to whom such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt shall be released by the Trustee to the Servicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents provided to it necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First International Bancorp Inc)

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Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Document, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by the Servicer and shall not be chargeable to the Principal and Interest Account or the Note Distribution Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture Trustee shall, upon request of the Servicer and delivery to the Indenture Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andor

Appears in 1 contract

Samples: Sale and Servicing Agreement (First International Bancorp Inc)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA Agent of the SBA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA Agent of the SBA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from From time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture Agent of the SBA and the Trustee shall, upon request of the Servicer and delivery to the Indenture Agent of the SBA and the Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee and the Agent of the SBA shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of Such servicing receipt shall obligate the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall to return the Indenture Trustee's Document File to the FTA Agent of the SBA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has have been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the Agent of the SBA and the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt shall be released by the Agent of the SBA and the Trustee to the Servicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store of New York Inc)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture Trustee shall, upon request of the Servicer and delivery to the Indenture Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to whom such SBA File or The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents provided to it necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First International Bancorp Inc)

Satisfaction of Mortgages and Collateral and Release of SBA Files. The Servicer shall maintain the Fidelity Bond as provided for in Section 4.09 5.09 insuring the Servicer against any loss it may sustain with respect to any SBA Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any SBA Loan, or the receipt by the Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes or the deposit into the Principal and Interest Account of the purchase price of any SBA Loan acquired by the Seller, the Servicer or another Person pursuant to this Agreement, or any other Basic Documentpurposes, the Servicer will immediately notify the FTA and the Indenture Trustee by a certification in the form of Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Principal and Interest Account pursuant to Section 4.03 or the Note Distribution Account pursuant to Section 5.01 5.03 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Indenture Trustee's Document File. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. Upon receipt of such certification and request, the FTA and the Indenture Trustee shall release, within 3 Business Days, the related Indenture Trustee's Document File to the Servicer. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable by only from and to the Servicer extent of servicing compensation and shall not be chargeable to the Principal and Interest Account or the Note Distribution Certificate Account. Subject to the Multi-Party Agreement, from time to time and as appropriate for the servicing or foreclosure of any SBA Loan, the Indenture FTA and the Trustee shall, upon request of the Servicer and delivery to the Indenture FTA and the Trustee of a certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the related Indenture Trustee's Document File to the Servicer within 3 Business Days, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. The Multi-Party Agreement provides for release by FTA of the related SBA Note in accordance with the terms of the Multi-Party Agreement. The Servicer shall return the Indenture Trustee's Document File to the FTA and the Indenture Trustee when the need therefor by the Servicer no longer exists, unless the SBA Loan has been liquidated and the Unguaranteed Percentage of the Liquidation Proceeds relating to the SBA Loan has have been deposited in the Principal and Interest Account and remitted to the Indenture Trustee for deposit in the Note Distribution Certificate Account or the SBA File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property or repossession of other Collateral either judicially or non-judicially, andand the Servicer has delivered to the FTA and the Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to whom such SBA File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such SBA Loan was liquidated, the servicing receipt shall be released by the Trustee to the Servicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents provided to it, necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or other Collateral or to any legal action brought to obtain judgment against any Obligor on the SBA Note or Mortgage or other agreement securing Collateral or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the SBA Note or Mortgage or other agreement securing Collateral or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage or other agreement securing Collateral, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage or other agreement securing Collateral upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related SBA Loan has been paid in full by or on behalf of the Obligor and that such payment has been deposited in the Principal and Interest Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store of New York Inc)

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