Common use of Trustee and Trust Administrator to Cooperate; Release of Mortgage Files Clause in Contracts

Trustee and Trust Administrator to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of any Mortgage Loan, or the receipt by the Servicer of a notification that payment in full shall be escrowed in a manner customary for such purposes, the Servicer will notify or cause to be notified the Trust Administrator by a certification in the form of Exhibit E-2 (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 3.10 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Mortgage File. Upon receipt of such certification and request, the Trust Administrator shall, within five Business Days, release and send by overnight mail, at the expense of the Servicer, the related Mortgage File to the Servicer. The Trust Administrator agrees to indemnify the Servicer, out of its own funds, for any loss, liability or expense (other than special, indirect, punitive or consequential damages which will not be paid by the Trust Administrator) incurred by the Servicer as a proximate result of the Trust Administrator's breach of its obligations pursuant to this Section 3.17. No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Collection Account or the Distribution Account. The Trust Administrator will provide to the Certificate Insurer and the Trustee an updated listing of any Mortgage Files released pursuant to this Section 3.17(a) on March 30, June 30, September 30 and December 30 of each year, beginning in March 1999 and as otherwise requested by the Certificate Insurer or the Trustee.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc), Pooling and Servicing Agreement (Citigroup Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Salomon Bros MRT Sec Vii Inc MRT PSS THR Cert Ser 1998 Nc7)

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Trustee and Trust Administrator to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of any Mortgage Loan, or the receipt by the Servicer of a notification that payment in full shall be escrowed in a manner customary for such purposes, the Servicer will notify or cause to be notified the Trust Administrator by a certification in the form of Exhibit E-2 (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 3.10 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Mortgage File. Upon receipt of such certification and request, the Trust Administrator shall, within five Business Days, release and send by overnight mail, at the expense of the Servicer, the related Mortgage File to the Servicer. The Trust Administrator agrees to indemnify the Servicer, out of its own funds, for any loss, liability or expense (other than special, indirect, punitive or consequential damages which will not be paid by the Trust Administrator) incurred by the Servicer as a proximate result of the Trust Administrator's breach of its obligations pursuant to this Section 3.17. No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Collection Account or the Distribution Account. The Trust Administrator will provide to the Certificate Insurer and the Trustee an updated listing of any Mortgage Files released pursuant to this Section 3.17(a) on March 30, June 30, September 30 and December 30 of each year, beginning in March 1999 2000 and as otherwise requested by the Certificate Insurer or the Trustee.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Boardwalk Mortgage Securities Inc.), Pooling and Servicing Agreement (New Century Mortgage Securities LLC), Pooling and Servicing Agreement (Park Place Securities, Inc.)

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Trustee and Trust Administrator to Cooperate; Release of Mortgage Files. (a) Upon the payment in full of any Mortgage Loan, Loan or the receipt by the Servicer of a notification that payment in full shall be escrowed in a manner customary for such purposes, the Servicer will immediately notify or cause to be notified the Trustee, the Trust Administrator and the Certificate Insurer by a certification in the form of Exhibit E-2 D-2 (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 3.10 have been or will be so deposited) of a Servicing Officer and shall request delivery to it of the Mortgage File. Upon receipt of such certification and request, the Trust Administrator shall, within five Business Days, shall promptly release and send by overnight mail, at the expense of the Servicer, the related Mortgage File to the Servicer. The Trust Administrator agrees to indemnify the Servicer, out of its own funds, for any loss, liability or expense (other than special, indirect, punitive or consequential damages which will not be paid by the Trust Administrator) incurred by the Servicer as a proximate result of the Trust Administrator's breach of its obligations pursuant to this Section 3.17. No expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Collection any Account or shall be otherwise chargeable to the Distribution Account. The Trust, the Trustee, the Trust Administrator will provide , the Certificateholders or the Certificate Insurer. From time to time and as appropriate for the servicing or foreclosure of any Mortgage Loan, the Trust Administrator shall, upon request of the Servicer and delivery to the Certificate Insurer Trust Administrator of a Request for Release in the form of Exhibit D-1, release the related Mortgage File to the Servicer, and the Trustee an updated listing shall, at the direction of the Servicer, execute such documents as shall be necessary to the prosecution of any such proceedings. Such Request for Release shall obligate the Servicer to return each and every document previously requested from the Mortgage Files released pursuant File to this Section 3.17(a) on March 30, June 30, September 30 and December 30 of each year, beginning in March 1999 and as otherwise requested the Trust Administrator when the need therefor by the Certificate Insurer or the Trustee.Servicer no longer exists, unless the

Appears in 1 contract

Samples: Pooling and Servicing Agreement (New Century Home Eq Ln Tr Ser 2000 NCB Asset Back Ps THR Cer)

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