Common use of Transmission of Mortgage Files Clause in Contracts

Transmission of Mortgage Files. Written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the transmission of Mortgage Files and Related Documents in the performance of the Custodian's duties hereunder shall be delivered by the Servicer to the Custodian prior to any shipment of any Mortgage Files and Related Documents hereunder. The Servicer will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Mortgage Files and Related Documents as the Servicer deems appropriate. Without limiting the generality of the provisions of Section 3.2 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitation, the Servicer arising out of actions of the Custodian consistent with instructions of the Servicer. If the Custodian does not receive written direction, the Custodian is hereby authorized and indemnified to utilize a nationally recognized courier service.

Appears in 4 contracts

Samples: Custodial Agreement (Delta Funding Corp /De/), Custodial Agreement (Delta Funding Home Equity Loan Trust 2000-4), Custodial Agreement (Delta Fund Hm Equ Ln 2000-2 Hm Equ Ln Ass BKD CRT Ser 2000-2)

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Transmission of Mortgage Files. Written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the transmission of Mortgage Files and Related Documents in the performance of the Custodian's ’s duties hereunder shall be delivered by the Master Servicer or the Servicer to the Custodian prior to any shipment of any Mortgage Files and Related Documents hereunder. The Master Servicer or the Servicer will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's ’s option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Mortgage Files and Related Documents as the Master Servicer and the Servicer deems appropriate. Without limiting the generality of the provisions of Section 3.2 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitationlimitation the Master Servicer or the Servicer, the Servicer arising out of actions of the Custodian consistent with instructions of the Master Servicer or the Servicer, as the case may be. If the Custodian does not receive written direction, the Custodian is hereby authorized and indemnified to utilize a nationally recognized courier service, and shall incur no liability for acting in accordance with this sentence.

Appears in 4 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Custodial Agreement (Renaissance Home Equity Loan Trust 2007-1)

Transmission of Mortgage Files. Written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the transmission of Mortgage Files and Related Documents in the performance of the Custodian's duties hereunder shall be delivered by the Servicer to the Custodian prior to any shipment of any Mortgage Files and Related Documents hereunder. The Servicer will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Mortgage Files and Related Documents as the Servicer deems appropriate. Without limiting the generality of the provisions of Section 3.2 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitation, the Servicer Servicer, arising out of actions of the Custodian consistent with instructions of the Servicer. If the Custodian does not receive written direction, the Custodian is hereby authorized and indemnified to utilize a nationally recognized courier service.

Appears in 4 contracts

Samples: Custodial Agreement (Delta Funding Corp /De/), Custodial Agreement (Delta Funding Home Equity Loan Tr 1999-2 Home Equ Loan Ass B), Custodial Agreement (Delta Funding Home Equity Loan Tr 99-3 Home Eq as Bk Se 99-3)

Transmission of Mortgage Files. Written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the transmission of Mortgage Files and Related Documents in the performance of the Custodian's duties hereunder shall be delivered by the Servicer to the Custodian prior to any shipment of any Mortgage Files and Related Documents Document hereunder. The Servicer will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Mortgage Files and Related Documents as the Servicer deems appropriate. Without limiting the generality of the provisions of Section 3.2 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitation, the Servicer Servicer, arising out of actions of the Custodian consistent with instructions of the Servicer. If the Custodian does not receive written direction, the Custodian is hereby authorized and indemnified to utilize a nationally recognized courier service.

Appears in 2 contracts

Samples: Custodial Agreement (Delta Funding Corp /De/), Custodial Agreement (Delta Funding Corp /De/)

Transmission of Mortgage Files. Written Prior to any shipment of any Mortgage Files, or other Mortgage Loan Documents hereunder, the Seller shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the transmission of Mortgage Files and Related or other Mortgage Loan Documents in the performance of the Custodian's ’s duties hereunder shall be delivered by the Servicer to the Custodian prior to any shipment of any Mortgage Files and Related Documents hereunder. The Servicer will Seller shall arrange for the provision of such services at its sole cost and expense (or, at the Custodian's ’s option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Mortgage Files and Related or other Mortgage Loan Documents as the Servicer Seller deems appropriate. Without limiting the generality of the provisions of Section 3.2 13 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitation, the Servicer Seller, arising out of actions of the Custodian consistent with the instructions of the ServicerSeller. If In the event the Custodian does not receive such written directioninstructions, the Custodian is hereby shall be authorized and shall be indemnified as provided herein to utilize a nationally recognized courier service.

Appears in 1 contract

Samples: Custodial Agreement (New York Mortgage Trust Inc)

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Transmission of Mortgage Files. Written (a) Prior to any shipment of any Mortgage Files, or other Mortgage Loan Documents hereunder, Borrower shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the transmission of Mortgage Files and Related or other Mortgage Loan Documents in the performance of the Custodian's ’s duties hereunder shall be delivered by the Servicer to the Custodian prior to any shipment of any Mortgage Files and Related Documents hereunder. The Servicer will Borrower shall arrange for the provision of such services at its sole cost and expense (or, at the Custodian's ’s option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Mortgage Files and Related or other Mortgage Loan Documents as the Servicer Borrower deems appropriate. Without limiting the generality of the provisions of Section 3.2 12 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitation, the Servicer Borrower, arising out of actions of the Custodian consistent with the instructions of Borrower. In the Servicer. If event the Custodian does not receive such written directioninstructions, the Custodian is hereby shall be authorized and shall be indemnified as provided herein to utilize a nationally recognized courier service.

Appears in 1 contract

Samples: Tri Party Agreement (Vertical Capital Income Fund)

Transmission of Mortgage Files. Written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the transmission of Mortgage Files and Related Documents in the performance of the Custodian's duties hereunder shall be delivered by the Master Servicer or the Servicer to the Custodian prior to any shipment of any Mortgage Files and Related Documents hereunder. The Master Servicer or the Servicer will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Mortgage Files and Related Documents as the Master Servicer and the Servicer deems appropriate. Without limiting the generality of the provisions of Section 3.2 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitationlimitation the Master Servicer or the Servicer, the Servicer arising out of actions of the Custodian consistent with instructions of the Master Servicer or the Servicer, as the case may be. If the Custodian does not receive written direction, the Custodian is hereby authorized and indemnified to utilize a nationally recognized courier service, and shall incur no liability for acting in accordance with this sentence.

Appears in 1 contract

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2005-1)

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