Common use of Trust Estate; Related Documents Clause in Contracts

Trust Estate; Related Documents. (a) When required by the provisions of this Agreement, the Issuer or the Indenture Trustee shall execute instruments to release property from the terms of the Trust Agreement or Indenture, as applicable, or convey the Issuer's or the Indenture Trustee's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Agreement. No party relying upon an instrument executed by the Issuer or the Indenture Trustee as provided in this Section 3.07 shall be bound to ascertain the Issuer's or the Indenture Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) Upon receipt of a Request for Release from the Servicer, substantially in the form of Exhibit D hereto, to the effect that a Mortgage Loan has been the subject of a final payment or a prepayment in full and such Mortgage Loan has been terminated or that substantially all Net Liquidation Proceeds that have been determined by the Servicer in its reasonable judgment to be finally recoverable have been recovered, and upon deposit to the Custodial Account of such final monthly payment, prepayment in full together with accrued and unpaid interest to the date of such payment with respect to such Mortgage Loan or, if applicable, Net Liquidation Proceeds, the Indenture Trustee shall execute such Related Documents, along with such documents as the Servicer or the related Mortgagor may request to evidence satisfaction and discharge of such Mortgage Loan, upon request of the Servicer.

Appears in 2 contracts

Samples: Servicing Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust), Servicing Agreement (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)

AutoNDA by SimpleDocs

Trust Estate; Related Documents. (a) When required by the provisions of this Agreement, the Issuer or the Indenture Trustee shall execute instruments furnished to them by the Servicer to release property from the terms of the Trust Agreement or Indenture, as applicable, or convey the Issuer's ’s or the Indenture Trustee's ’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Agreement. No party relying upon an instrument executed by the Issuer or the Indenture Trustee as provided in this Section 3.07 shall be bound to ascertain the Issuer's ’s or the Indenture Trustee's ’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) Upon receipt of a Request for Release from the Servicer, substantially in the form of Exhibit D hereto, to the effect that a Mortgage Loan has been the subject of a final payment or a prepayment in full and such Mortgage Loan has been terminated or that substantially all Net Liquidation Proceeds that have been determined by the Servicer in its reasonable judgment to be finally recoverable have been recovered, and upon deposit to the Custodial Account of such final monthly payment, prepayment in full together with accrued and unpaid interest to the date of such payment with respect to such Mortgage Loan or, if applicable, Net Liquidation Proceeds, the Indenture Trustee shall execute such Related DocumentsDocuments furnished to it, along with such documents as the Servicer or the related Mortgagor may request to evidence satisfaction and discharge of such Mortgage Loan, upon request of the Servicer.

Appears in 1 contract

Samples: Servicing Agreement (Wachovia Mortgage Loan Trust, LLC)

AutoNDA by SimpleDocs

Trust Estate; Related Documents. (a) When required by the ---------------------------------- provisions of this Indenture or the Sale and Servicing Agreement, the Issuer or the Indenture Trustee shall execute instruments to release property from the terms lien of the Trust Agreement or this Indenture, as applicable, or convey the Issuer's or the Indenture Trustee's interest in the same, in a manner and under circumstances that which are not inconsistent with the provisions of this Indenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Issuer or the Indenture Trustee as provided in this Section 3.07 Article III shall be bound to ascertain the Issuer's or the Indenture Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) Upon receipt In order to facilitate the servicing of a Request for Release from the Servicer, substantially in the form of Exhibit D hereto, to the effect that a Mortgage Loan has been the subject of a final payment or a prepayment in full and such Mortgage Loan has been terminated or that substantially all Net Liquidation Proceeds that have been determined by the Servicer in its reasonable judgment to be finally recoverable have been recovered, and upon deposit to the Custodial Account of such final monthly payment, prepayment in full together with accrued and unpaid interest to the date of such payment with respect to such Mortgage Loan or, if applicable, Net Liquidation ProceedsLoans, the Indenture Trustee shall execute such Related Documents, along with such documents as authorizes the Servicer or in the related Mortgagor may request name and on behalf of both the Indenture Trustee and the Issuer, to evidence satisfaction perform the Servicer's duties and discharge of obligations under the Sale and Servicing Agreement and the Indenture Trustee agrees to perform its obligations thereunder in accordance with the terms thereof. (c) The Indenture Trustee shall, at such Mortgage Loantime as there are no Notes Outstanding and no amounts due to the Note Insurer, upon request release all of the ServicerTrust Estate to the Issuer (other than any cash held for the payment of the Notes pursuant to Sections 3.03 or 4.10), subject, however, to the rights of the Indenture Trustee under Section 6.07.

Appears in 1 contract

Samples: Indenture (Thornburg Mortgage Asset Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!