Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policies and, with respect to each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Seller on or prior to any Subsequent Transfer Date an acknowledgement of receipt of original Mortgage Note with respect to each Subsequent Mortgage Loan, in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Trustee's Mortgage File within 45 Business Days after the Closing Date or, with respect to Subsequent Mortgage Loans, the Subsequent Transfer Date and to deliver to the Seller, the Servicer, the Depositor and the Certificate Insurer a certification in the form attached hereto as Exhibit F to the effect that, as to each Mortgage Loan listed in the related Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to Section 2.3 hereof and the Purchase and Sale Agreement are in its possession, (ii) each such document has been reviewed by it, has been, to the extent required, executed and has not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if initialed by the Mortgagor), appears regular on its face and relates to such Mortgage Loan. The...
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee hereby acknowledges receipt of, for each Mortgage Loan, the items listed in Section 2.04 (a), (b), (c), (g) and (h) and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets delivered to it in trust, upon and subject to the conditions set forth in this Agreement for the benefit of the Certificateholders and the Certificate Insurer, as their interests may appear. The Trustee shall execute and deliver on the Closing Date an initial certification of receipt by it or by the Custodian on its behalf, for each Mortgage Loan of the items listed in Section 2.04(a), (b), (c), (g) and (h), in the form attached as Exhibit E hereto, and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets delivered to it in trust, to the extent set forth herein, for the benefit of the Certificateholders and the Certificate Insurer, as their interests may appear. The Trustee agrees to review (or cause to be reviewed) each Mortgage File within 45 days after the Closing Date (or, with respect to any Qualified Substitute Mortgage Loan, within 45 days after the receipt thereof by the Custodian) and to deliver to the Representative, the Depositors, the Servicer and the Certificate Insurer an interim certification in the form attached hereto as Exhibit F-1 on or before such date to the effect that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in such certification as not covered by such certification), (i) all documents required to be delivered to it pursuant to this Agreement are in its possession (other than those described in Section 2.04(a)(ii) and 2.04(f)), (ii) such documents have been reviewed by it and have not been mutilated, damaged, torn or otherwise physically altered (handwritten additions, changes or corrections shall not constitute physical alteration if properly initialed by the Mortgagor) and relate to such Mortgage Loan, and (iii) based on its examination and only as to the foregoing documents, the information set forth on the Mortgage Loan Schedule (other than items (i), (iv) and (x) of the definition of Mortgage Loan Schedule) accurately reflects the information set forth in the Mortgage File. The Trustee shall be under no duty or obligation to inspect, review or examine any such documents, instruments, certif...
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The SBA shall cause the FTA to execute and deliver on the Closing Date (or, with respect to the Subsequent SBA Loans, on the related Subsequent Closing Date), for each SBA ss. 7(a) Loan, an acknowledgment of receipt of the SBA Note by the FTA in the form attached as Exhibit 1 to the Multi-Party Agreement, and declares that the FTA will hold such documents and any amendments, replacements or supplements thereto, as agent for the benefit of the SBA and the Certificateholders. The Trustee agrees, for the benefit of the SBA and the Certificateholders, to review each Trustee's Document File within 90 days after the Closing Date or Subsequent Closing Date, as the case may be (or, with respect to any Qualified Substitute SBA Loan, within 45 days after the assignment thereof), and to deliver to the Certificateholders, the Sellers, the SBA and the Servicer a certification in the form attached hereto as Exhibit F-1. Within 360 days after the Closing Date (or, with respect to any Qualified Substitute SBA Loan, within 360 days after the assignment thereof), the Trustee shall deliver to the Servicer, the applicable Seller, the SBA, each Rating Agency and any Certificateholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit F-2 evidencing the completeness of the Trustee's Document Files.
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor[, the Certificate Insurer], the Master Servicer and the Transferor on or prior to the Closing Date [an acknowledgment of receipt of the Certificate Insurance Policy and,] with respect to each initial Mortgage Loan, the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders [and the Certificate Insurer].
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Multi-Party Agreement provides for the FTA to deliver an acknowledgment of receipt of each SBA Note in accordance with the terms and conditions of the Multi-Party Agreement. The Trustee agrees, for the benefit of the SBA and the Certificateholders, to review each Trustee's Document File (with the exception of the SBA Notes held by the FTA) within 90 days after the Closing Date or Subsequent Transfer Date, as the case may be (or, with respect to any Qualified Substitute SBA Loan, within 45 days after the assignment thereof), and to deliver to the Certificateholders, the Sellers, the Servicer and the SBA a certification in the form attached hereto as Exhibit F-1. Within 360 days after the Closing Date (or, with respect to any Qualified Substitute SBA Loan, within 360 days after the assignment thereof), the Trustee shall deliver to the Sellers, the Servicer, the SBA, the Rating Agencies and any Certificateholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit F-2 evidencing the completeness of the Trustee's Document Files.
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Depositor, the Certificate Insurer, the Servicer and the Transferor on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policy and, with respect to each initial Loan, the original Mortgage Note or Manufactured Home Contract, as applicable, (with any exceptions noted and the Original Assignment of Mortgage as provided in Section 2.3(a)(i)(3)), in the form attached as Exhibit D-1 hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer.
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. Section 2.06.
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. 49 Section 2.05 EXECUTION OF CERTIFICATES...................................... 49 Section 2.06 FURTHER ACTION EVIDENCING ASSIGNMENTS.......................... 51 Section 2.07 CONVEYANCE OF THE SUBSEQUENT MORTGAGE LOANS.................... 51 Section 2.08 CONVEYANCE OF REMIC I REGULAR INTERESTS; ACCEPTANCE OF REMIC II BY THE TRUSTEE............................................ 52 Section 2.09 ISSUANCE OF CLASS R-II CERTIFICATES............................ 52 Section 2.10 CONVEYANCE OF REMIC II REGULAR INTERESTS; ACCEPTANCE OF REMIC III BY THE TRUSTEE................................................. 53 Section 2.11 ISSUANCE OF REMIC III CERTIFICATES............................ 54 ARTICLE III
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. 21 Section 2.05 EXECUTION OF CERTIFICATES......................................22 Section 2.06 FURTHER ACTION EVIDENCING ASSIGNMENTS..........................23 Section 2.07 [RESERVED].....................................................23 Section 2.08 CONVEYANCE OF THE SUBSEQUENT MORTGAGE LOANS....................23 ARTICLE III
Acceptance by Trustee of the Trust Fund; Certain Substitutions; Certification by Trustee. (a) The Trustee agrees to execute and deliver to the Company, the Certificate Insurer, the Master Servicer and the Seller on or prior to the Closing Date an acknowledgment of receipt of the Certificate Insurance Policy and, with respect to each Mortgage Loan, on or prior to the Closing Date, an acknowledgement of receipt of the original Mortgage Note (with any exceptions noted), in the form attached as Exhibit E hereto and declares that it will hold such documents and any amendments, replacements or supplements thereto, as well as any other assets included in the definition of Trust Fund and delivered to the Trustee, as Trustee in trust upon and subject to the conditions set forth herein for the benefit of the Certificateholders and the Certificate Insurer. The Trustee agrees, for the benefit of the Certificateholders and the Certificate Insurer, to review (or cause to be reviewed) each Mortgage File within 45 Business Days after the Closing Date or related Subsequent Transfer Date (with respect to the Mortgage Loans), and to deliver to the Seller, the Master Servicer, the Company
