Review of Contract Files Sample Clauses

Review of Contract Files. Prior to the Closing Date, the Servicer's operations department will complete a review of all of the Contract Files (including the certificates of title to, or other evidence of a perfected security interest in, the related Manufactured Homes), confirming the accuracy of the Contract Schedule delivered to the Trustee. On or before the Closing Date, the Servicer shall deliver to the Trustee a Servicer Custodial Certification signed by one of its Officers confirming that it is in possession of the Contract File for each Contract identified on Schedule I to the Pooling and Servicing Agreement, subject to any exceptions noted in a schedule to such certificate. Such certification shall be substantially in the form of Exhibit 1 hereto. In giving its Servicer's Custodial Certification with respect to a Series, the Servicer shall be under no duty or obligation (A) to inspect, review or examine any such documents, instruments, securities or other papers to determine that they or the signatures thereon are genuine, enforceable, or appropriate for the represented purpose or that they have actually been recorded or that they are other than what they purport to be on their face or (B) to determine whether any Contract File should include any assumption agreement, modification agreement or waiver agreement. If the Servicer discovers any discrepancy between any Contract and the Contract Schedule, or that any required Contract Document is defective or missing from the related Contract File, in either case in a manner that is materially adverse to the interests of the Certificateholders, it shall immediately provide written notice to the Seller (unless the Seller is the Servicer) and the Trustee of such discrepancy, incompleteness or defect. If the Seller does not cure such discrepancy or such incomplete or defective Contract File within 90 days after discovery or its receipt of written notice of such discrepancy, incompleteness or defect, the Servicer shall take all steps within its power to enforce the Trustee's right to require the Seller to repurchase the affected Contract (or in the alternative to substitute for such Contract, if the substitution will take place within two years after the Closing Date) pursuant to the applicable Sales Agreement or, in the alternative (if the discrepancy consists of an overstatement in the Contract Schedule of the Cut-off Date Principal Balance of a Contract), to deposit cash into the related Certificate Account in the amount of such o...
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Review of Contract Files. (a) On or prior to the Closing Date and each Acquisition Date for a Substitute Contract, the Issuer shall cause to be delivered to the Custodian the documents comprising the Contract Files for the Contracts to be acquired on such date. Each Contract and the folder containing other Contract Files documents for such Contract shall be clearly marked with a LEAF Contract Number, which LEAF Contract Number shall be used by the Issuer, the Trustee and the Custodian to identify such Contract on the Contract Schedule.
Sample 1Sample 2
Review of Contract Files. (a) On or prior to the Closing Date and each Acquisition Date, the Issuer shall cause to be delivered to the Custodian the documents comprising the Contract Files for the Contracts to be acquired on such date; provided that the Contract Files delivered on the Closing Date shall be permitted to contain exceptions until the thirty-fifth (35th) day following the Closing Date. Each Contract and the folder containing other Contract Files documents for such Contract shall be clearly marked with a LEAF Contract Number, which LEAF Contract Number shall be used by the Issuer, the Trustee and the Custodian to identify such Contract on the Contract Schedule.
Sample 1
Review of Contract Files. (a) Not later than the fifth (5th) Business Day after each Acquisition Date, the Issuer shall cause to be delivered to the Custodian the documents comprising the Contract Files for the Contracts to be acquired on such Acquisition Date. Each Contract and the folder containing other Contract Files documents for such Contract shall be clearly marked with a LEAF Contract Number, which LEAF Contract Number shall be used by the Issuer, the Trustee and the Custodian to identify such Contract on the Contract Schedule.
Sample 1
Review of Contract Files. Prior to the Closing Date, the Servicer's operations department will complete a review of all of the Contract Files (including the certificates of title to, or other evidence of a perfected security interest in, the related Manufactured Homes), confirming the accuracy of the Contract Schedule delivered to the Trustee. On or before the Closing Date, the Servicer shall deliver to the Trustee a Servicer Custodial Certification signed by one of its Officers confirming that it is in possession of the Contract File for each Contract identified on Schedule I to the Pooling and Servicing Agreement, subject to any exceptions noted in a schedule to such certificate. Such certification shall be substantially in the form of Exhibit 1 hereto. In giving its Servicer's Custodial Certification with respect to a Series, the Servicer shall be under no duty or obligation (A) to inspect, review or examine any such documents, instruments, securities or other papers to determine that they or the signatures thereon are genuine, enforceable, or appropriate for the represented purpose or that they have actually been recorded or that they are other than what they purport to be on their face or (B) to determine whether any Contract File should include any assumption agreement, modification agreement or waiver agreement.
Sample 1
Review of Contract Files. (a) Not later than the second (2nd) Business Day after each Acquisition Date, the Issuer shall cause to be delivered to the Custodian the documents comprising the Contract Files for the Contracts to be acquired on such Acquisition Date. Notwithstanding the foregoing, if there shall be more than $7,500,000 in aggregated Discounted Contract Balance of Contracts that are subject to Warranty Events (as measured on the date of such Warranty Events) in any rolling six-month period, the Issuer shall cause to be delivered to the Custodian the documents comprising the Contract Files for the Contracts to be acquired on such Acquisition Date on or prior to such Acquisition Date. Each Contract and the folder containing other Contract Files documents for such Contract shall be clearly marked with a LEAF Contract Number, which LEAF Contract Number shall be used by the Issuer, the Trustee and the Custodian to identify such Contract on the Contract Schedule.
Sample 1
Review of Contract Files. (a) On or prior to the Closing Date and each other Acquisition Date, the Issuer shall cause to be delivered to the Custodian the documents comprising the Custodian Contract Files for the Contracts to be acquired on such date; provided, that the Custodian Contract Files delivered on the Closing Date and each Acquisition Date for Contracts shall be permitted to contain exceptions until the thirty‑fifth (35th) day following the Closing Date or Acquisition Date, as applicable; provided, further, that on such thirty‑fifth (35th) day of any existing exceptions which if not cured or waived by the Control Party as of such day shall result in a Warranty Purchase Event as of the next Business Day. Each Contract and the folder containing other Custodian Contract File documents for such Contract shall be clearly marked with a NewStar EF Contract Number, which NewStar EF Contract Number shall be used by the Issuer, the Trustee and the Custodian to identify such Contract on the Contract Schedule.
Sample 1
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Related to Review of Contract Files

  • Review of Custodial Files The Custodian agrees, for the benefit of Certificateholders, to review, in accordance with the provisions of Section 2.02 of the Pooling and Servicing Agreement, each Custodial File and to provide the initial and final certifications in the forms of Exhibits N and O to the Pooling and Servicing Agreement in accordance with the provisions thereof. If in performing the review required by this Section 2.3 the Custodian finds any document or documents constituting a part of a Custodial File to be missing or defective, the Custodian shall follow the procedures specified in the Pooling and Servicing Agreement.

  • Review of Mortgage Files (a) On or prior to the Closing Date, in accordance with Section 2.02 of the Pooling and Servicing Agreement, the Custodian shall deliver to the Trustee an Initial Certification in the form annexed hereto as Exhibit One evidencing receipt (subject to any exceptions noted therein) of a Mortgage File for each of the Mortgage Loans listed on the Schedule attached hereto (the "Mortgage Loan Schedule").

  • Complete Mortgage Files The instruments and documents specified in Section 2.02 with respect to such Mortgage Loan have been delivered to the Purchaser in compliance with the requirements of Article II. The Seller is in possession of a Mortgage File respecting such Mortgage Loan, except for such documents as have been previously delivered to the Purchaser;

  • Receivable Files Complete There exists a Receivable File pertaining to each Receivable. Related documentation concerning the Receivable, including any documentation regarding modifications of the Contract, will be maintained electronically by the Servicer in accordance with customary policies and procedures. With respect to any Receivables that are tangible chattel paper, the complete Receivable File for each Receivable currently is in the possession of the Custodian.

  • Complete Servicing File All documents comprising the Servicing File will be or have been delivered to the Master Servicer with respect to each Mortgage Loan by the deadlines set forth in the Pooling and Servicing Agreement and/or this Agreement.

  • Review of Servicer’s Records The Servicer will maintain records and documents relating to its performance under this Agreement according to its customary business practices. On reasonable request not more than once during any year, the Servicer will give the Issuer, the Depositor, the Administrator, the Owner Trustee and the Indenture Trustee (or their representatives) access to the records and documents to conduct a review of the Servicer’s performance under this Agreement. Any access or review will be conducted at the Servicer’s offices during its normal business hours at a time reasonably convenient to the Servicer and in a manner that will minimize disruption to its business operations. Any access or review will be subject to the Servicer’s confidentiality and privacy policies.

  • Contract for Servicing; Possession of Servicing Files The Seller, by execution and delivery of this Agreement, does hereby contract with the Servicer, subject to the terms of this Agreement, for the servicing of the Mortgage Loans. On or before the Closing Date or Servicing Transfer Date, as applicable, the Seller shall cause to be delivered the Servicing Files with respect to the Mortgage Loans listed on the Mortgage Loan Schedule to the Servicer. Each Servicing File delivered to a Servicer shall be held in trust by such Servicer for the benefit of the Trustee; provided, however, that the Servicer shall have no liability for any Servicing Files (or portions thereof) not delivered by the Seller. The Servicer’s possession of any portion of the Mortgage Loan documents shall be at the will of the Trustee for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to this Agreement, and such retention and possession by the Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Servicing File shall be vested in the Trustee and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Servicer shall immediately vest in the Trustee and shall be retained and maintained, in trust, by the Servicer at the will of the Trustee in such custodial capacity only. The portion of each Servicing File retained by the Servicer pursuant to this Agreement shall be segregated from the other books and records of the Servicer and shall be appropriately marked to clearly reflect the ownership of the related Mortgage Loan by the Trustee. The Servicer shall release from its custody the contents of any Servicing File retained by it only in accordance with this Agreement.

  • Review of Mortgage File The parties hereto acknowledge that the Custodian will be required to review the Mortgage Files pursuant to Section 2.02 of the Pooling and Servicing Agreement and if it finds any document or documents not to have been properly executed, or to be missing or to be defective on its face in any material respect, to notify the Purchaser, which shall promptly notify the Seller.

  • Mortgage Loan Files Section 9.1 Owner Mortgage Loan Files and Retained Mortgage Loan Files

  • Complete Mortgage File With respect to each Mortgage Loan, to the extent that the failure to deliver the same would constitute a “Material Document Defect” in the Pooling and Servicing Agreement and/or Mortgage Loan Purchase Agreement, (i) a copy of the Mortgage File for each Mortgage Loan and (ii) originals or copies of all financial statements, appraisals, environmental reports, engineering reports, seismic assessment reports, leases, rent rolls, Insurance Policies and certificates, legal opinions and tenant estoppels in the possession or under the control of such Mortgage Loan Seller that relate to such Mortgage Loan, will be or have been delivered to the Master Servicer with respect to each Mortgage Loan by the deadlines set forth in the Pooling and Servicing Agreement and/or Mortgage Loan Purchase Agreement. For the avoidance of doubt, the Mortgage Loan Seller shall not be required to deliver any attorney-client privileged communication, draft documents or any documents or materials prepared by it or its Affiliates for internal uses, including without limitation, credit committee briefs or memoranda and other internal approval documents.

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