Common use of Transmission of Mortgage Files Clause in Contracts

Transmission of Mortgage Files. 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 to utilize in connection with the transmission of Mortgage Files or other loan documents in the performance of the Custodian’s duties hereunder. The Seller shall arrange for the provision of such services at 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 or other loan documents as the Seller deems appropriate. Without limiting the generality of the provisions of Section 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 Seller, arising out of actions of the Custodian consistent with the instructions of the Seller. In the event the Custodian does not receive such written instructions, the Custodian 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. Prior to any shipment of any Mortgage Files, or other loan documents Files hereunder, the Seller Borrower shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the shipper that the Custodian is to utilize in connection with the transmission of such Mortgage Files or other loan documents in the performance of the Custodian’s 's duties hereunder. The Seller Borrower shall arrange for the provision of such services at their 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 the Mortgage Files or other loan documents as the Seller deems Borrower may deem appropriate. Without limiting the generality of the provisions of Section 13 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 SellerBorrower, arising out of actions of the Custodian consistent with the instructions of the SellerBorrower. In the event that the Custodian does not receive such written instructions, the Custodian 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. Prior to any shipment of any Mortgage Files, or other loan documents hereunder, the Seller Borrower shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the Custodian is to utilize in connection with the transmission of Mortgage Files or other loan documents in the performance of the Custodian’s 's duties hereunder. The Seller Borrower shall arrange for the provision of such services at 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 or other loan documents as the Seller Borrower deems appropriate. Without limiting the generality of the provisions of Section 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 SellerBorrower, arising out of actions of the Custodian consistent with the instructions of the SellerBorrower. In the event the Custodian does not receive such written instructions, the Custodian 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. Prior to any shipment of any Mortgage Files, or other loan documents 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 to utilize in connection with the transmission of such Mortgage Files or other loan documents in the performance of the Custodian’s 's duties hereunder. The Such Seller shall arrange for the provision of such services at their 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 the Mortgage Files or other loan documents as the such Seller deems may deem appropriate. Without limiting the generality of the provisions of Section 13 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 any Seller, arising out of actions of the Custodian consistent with the instructions of the a Seller. In the event that the Custodian does not receive such written instructions, the Custodian 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. Prior to any shipment of any Mortgage Files, or other loan documents Files hereunder, the Seller applicable Borrower shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the shipper that the Custodian is to utilize in connection with the transmission of such Mortgage Files or other loan documents in the performance of the Custodian’s 's duties hereunder. The Seller Such Borrower shall arrange for the provision of such services at their 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 the Mortgage Files or other loan documents as the Seller deems such Borrower may deem appropriate. Without limiting the generality of the provisions of Section 13 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 Sellerany Borrower, arising out of actions of the Custodian consistent with the instructions of the Sellera Borrower. In the event that the Custodian does not receive such written instructions, the Custodian 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. Prior to any shipment of any Mortgage Files, or other loan documents hereunder, the Seller shall deliver to the Custodian written 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 or other loan documents and Related 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 Document hereunder. The Seller shall Servicer will arrange for the provision of such services at their 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 or other loan documents Mortgage Files and Related Documents as the Seller Servicer deems appropriate. Without limiting the generality of the provisions of Section 13 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 SellerServicer, arising out of actions of the Custodian consistent with the instructions of the SellerServicer. In the event If the Custodian does not receive such written instructionsdirection, the Custodian shall be is hereby authorized and shall be indemnified as provided herein to utilize a nationally recognized courier service.

Appears in 1 contract

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

Transmission of Mortgage Files. Prior to any shipment of any Mortgage Files, or other loan documents hereunder, the Seller Borrower shall deliver to the Custodian written instructions as to the method of shipment and shipper(s) the Custodian is to utilize in connection with the transmission of Mortgage Files or other loan documents in the performance of the Custodian’s 's duties hereunder. The Seller Borrower shall arrange for the provision of such services at 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 or other loan documents as the Seller Borrower deems appropriate. Without limiting the generality of the provisions of Section 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 SellerBorrower, arising out of actions of the Custodian consistent with the instructions of the SellerBorrower. In the event the Custodian does not receive such written instructions, the Custodian shall be authorized and shall be indemnified as provided herein to utilize a nationally recognized courier service.

Appears in 1 contract

Samples: Custodial Agreement (MortgageIT Holdings, Inc.)

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