Trust Receipt and Certification. Upon delivery to Custodian of the Mortgage Files, as specified in Section 3.1, Custodian shall review the same on account of the Depositors and the Trustee in accordance with the terms of Section 2.05(a) of the Transfer Agreement and Section 2.06(a) of the Pooling and Servicing Agreement and (subject to Section 4.1 hereof) shall provide to the Originators, the Depositors and the Trustee, as the case may be, with a copy to the Certificate Insurer, a receipt indicating that (i) all the documents in the Mortgage Files required to be delivered under Section 3.1 (being the documents described in Section 2.04 of the Transfer Agreement, and Section 2.04 of the Pooling and Servicing Agreement) have been delivered (subject to any exceptions noted in the related exception report referred to in such receipt) and (ii) Custodian holds such documents on behalf of the applicable Mortgage Holder pursuant to this Agreement (the "Mortgage Receipt"). Upon consummation of a Transfer in accordance with Article IV hereof, Custodian shall, with respect to the Mortgage Loans transferred to the applicable Mortgage Holder in connection with the applicable Transfer, as described in Section 3.1 hereof, number, execute and deliver to the applicable Mortgage Holder (with a copy to the Originators and the Certificate Insurer) one or more certifications (each, a "Trust Receipt and Certification") in the form attached hereto as Exhibit A. Upon issuance of a Trust Receipt and Certification with respect to any Transfer, the Mortgage Receipt relating to such Mortgage Loans previously delivered shall be deemed cancelled with respect to such Mortgage Loans.
Appears in 4 contracts
Samples: Custodial Agreement (Eqcc Asset Backed Corp), Custodial Agreement (Eqcc Asset Backed Corp), Custodial Agreement (Eqcc Asset Backed Corp)
Trust Receipt and Certification. Upon delivery to Custodian of the Mortgage Files, as specified in Section 3.1, Custodian shall review the same on account of the Depositors and the Trustee in accordance with the terms of Section 2.05(a) of the Transfer Agreement and Section 2.06(a) of the Pooling and Servicing Agreement and (subject to Section 4.1 hereof) shall provide to the Originators, the Depositors and the Trustee, as the case may be, with a copy to the Certificate Insurer, a receipt indicating that (i) all the documents in the Mortgage Files required to be delivered under Section 3.1 (being the documents described in Section 2.04 of the Transfer Agreement, and Section 2.04 of the Pooling and Servicing Agreement) have been delivered (subject to any exceptions noted in the related exception report referred to in such receipt) and (ii) Custodian holds such documents on behalf of the applicable Mortgage Holder pursuant to this Agreement (the "Mortgage Receipt"). Upon consummation of a Transfer in accordance with Article IV hereof, Custodian shall, with respect to the Mortgage Loans transferred to the applicable Mortgage Holder in connection with the applicable Transfer, as described in Section 3.1 hereof, number, execute and deliver to the applicable Mortgage Holder (with a copy to the Originators and the Certificate Insurer) one or more certifications (each, a "Trust Receipt and Certification") in the form attached hereto as Exhibit A. Upon issuance of a Trust Receipt and Certification with respect to any Transfer, the Mortgage Receipt relating to such Mortgage Loans previously delivered shall be deemed cancelled with respect to such Mortgage Loans. If recordation of any Assignment of Mortgage or Reassignment of Assignment of Beneficial Interest is required after the occurrence of a Recordation Trigger, upon delivery of such Assignment of Mortgage or Reassignment of Assignment of Beneficial Interest to the Custodian as set forth in Section 2.06(d) of the Pooling and Servicing Agreement, the Custodian shall review the Assignment of Mortgage or Reassignment of Assignment of Beneficial Interest to confirm the information set forth therein, shall notify the Trustee of any defect therein and shall otherwise take such actions as may be required under Section 2.06(d).
Appears in 3 contracts
Samples: Custodial Agreement (Eqcc Receivables Corp), Custodial Agreement (Eqcc Asset Backed Corp), Custodial Agreement (Eqcc Asset Backed Corp)