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: Pooling and Servicing Agreement (Financial Asset Se Cp Soundview Hm Eq Ln as Bk Cer Se 2001-1), Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing 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 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: Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing Agreement (Delta Funding Corp /De/)

Transmission of Mortgage Files. Written Prior to any shipment of any Mortgage Files, or other 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 Documents or other 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 their 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 mortgage files or other 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)

Transmission of Mortgage Files. Written Prior to any shipment of any Mortgage Files, or other loan documents hereunder, the 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 Documents or other loan 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 Borrower shall arrange for the provision of such services at its their 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 mortgage files or other loan documents as the Servicer Borrower 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 Borrower, arising out of actions of the Custodian consistent with the instructions of the ServicerBorrower. If In the event the Custodian does not receive such written directioninstructions, the Custodian is hereby shall be authorized and indemnified to utilize a nationally recognized courier service.

Appears in 1 contract

Samples: Custodial Agreement (MortgageIT Holdings, Inc.)

Transmission of Mortgage Files. Written Prior to any shipment of any Mortgage Files hereunder, the Borrower shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the shipper that the Custodian is directed to utilize in connection with the transmission of such Mortgage Files and Related Documents or other loan 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 Borrower shall 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 the Mortgage Files and Related Documents or other loan documents as the Servicer deems Borrower may deem appropriate. Without limiting the generality of the provisions of Section 3.2 above, it 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 the ServicerBorrower. If In the event that 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 (American Home Mortgage Holdings Inc)

Transmission of Mortgage Files. Written Prior to any shipment of any Mortgage Files hereunder, the applicable Seller shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the shipper that the Custodian is directed to utilize in connection with the transmission of such Mortgage Files and Related Documents or other loan 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 Such Seller shall 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 the Mortgage Files and Related Documents or other loan documents as the Servicer deems such Seller may deem appropriate. Without limiting the generality of the provisions of Section 3.2 above, it 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 any Seller, arising out of actions of the Custodian consistent with the instructions of a Seller. In the Servicer. If event that 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 (American Home Mortgage Investment Corp)

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Transmission of Mortgage Files. Written Prior to any shipment of any Mortgage Files hereunder, the applicable Borrower shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the shipper that the Custodian is directed to utilize in connection with the transmission of such Mortgage Files and Related Documents or other loan 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 Such Borrower shall 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 the Mortgage Files and Related Documents or other loan documents as the Servicer deems such Borrower may deem appropriate. Without limiting the generality of the provisions of Section 3.2 above, it 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 any Borrower, arising out of actions of the Custodian consistent with the instructions of a Borrower. In the Servicer. If event that 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 (American Home Mortgage Investment Corp)

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 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 1 contract

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Transmission of Mortgage Files. Written Prior to any shipment of any Mortgage Files, or other loan documents hereunder, the 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 Documents or other loan 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 Borrower shall arrange for the provision of such services at its their 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 mortgage files or other loan documents as the Servicer Borrower 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 Borrower, arising out of actions of the Custodian consistent with the instructions of the ServicerBorrower. 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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