Custody of Mortgage Files. In connection with the sale, transfer, conveyance and assignment of Purchased Mortgage Loans, on or prior to each Purchase Date, Seller shall deliver or cause to be delivered and released to Custodian, as custodian for Buyer, the Mortgage File or Wet File, as applicable for the related Purchased Mortgage Loans. Seller shall be solely responsible for providing each and every document required for each Mortgage File to Custodian in a timely manner and for completing or correcting any missing, incomplete or inconsistent documents, and neither Custodian nor Buyer shall be responsible or liable for taking any such action, causing Seller or any other person or entity to do so or notifying any Person that any such action has or has not been taken.
Custody of Mortgage Files. The Trustee hereby agrees to act as Document Custodian of the Related Documents for each Mortgage Loan. From time to time following delivery of the Mortgage Files and the Related Documents to the Trustee pursuant to Section 2.01(a) hereof, the Trustee may engage the services of another Person (other than the Depositor or an Affiliate of the Depositor) who is acceptable to the Depositor, the Seller and the Master Servicer with the consent of the Rating Agencies, to act as Document Custodian. Upon execution of a custodial agreement consistent with the terms hereof, such Document Custodian shall maintain possession of the Mortgage Files, or such part of them as the Trustee shall direct, as agent of the Trustee pursuant to the terms of such custodial agreement. The Seller shall be required to pay the Trustee (or any other Person designated by the Trustee to act as document custodian) reasonable fees based on the reciprocal fees charged by the Trustee and the Seller for similar services. The Document Custodian (if other than the Trustee) shall acknowledge that it is bailee for the Trustee and is holding all of Related Documents delivered to it in trust for the Trustee. The Trustee shall not be liable to any Person for actions or failures to take action of the Document Custodian, unless, and only to the extent, such actions or failures to act constitute willful misconduct or negligence. While the Mortgage Files and the Related Documents are required to be in the possession of the Trustee or a Document Custodian appointed by it, the Trustee shall provide the Master Servicer written notification of any change in the location of the Mortgage Files within 5 Business Days of such change.
Custody of Mortgage Files. In connection with the sale, transfer, conveyance and assignment of Purchased Mortgage Loans, on or prior to each Purchase Date, Seller shall deliver or cause to be delivered and released to Buyer or its designee the Mortgage File or Wet File, as applicable for the related Purchased Mortgage Loans all as more particularly described in the Customer Guide. Seller shall be solely responsible for providing each and every document required for each Mortgage File to Buyer or its designee in a timely manner and for completing or correcting any missing, incomplete or inconsistent documents, and Buyer shall not be responsible or liable for taking any such action, causing Seller or any other person or entity to do so or notifying any Person that any such action has or has not been taken.
Custody of Mortgage Files. In connection with the sale, transfer, conveyance and assignment of Purchased Mortgage Loans, on or prior to each Purchase Date in accordance with the terms of the Custodial Agreement and the TIAA Bank Warehouse Customer Guide, Seller shall deliver or cause to be delivered and released to Custodian, as custodian for Buyer, the Mortgage File or Wet File, as applicable for the related Purchased Mortgage Loans. With respect to any eMortgage Loan, Seller shall cause (A) the Authoritative Copy of the related eNote to be held in the eVault as a secure electronic file, (B) the Controller status of the related eNote to be transferred to Buyer by the Controller Status Transfer Deadline, (C) the Location status of the related eNote to be transferred to the Custodian by the Controller Status Transfer Deadline, (D) the Delegatee status of the related eNote to be transferred to Custodian by the Controller Status Transfer Deadline, and (E) the Servicing Agent status of the related eNote to remain blank, in the case of subsections (B) – (E) on the MERS eRegistry (collectively, the “eNote Delivery Requirements”). In addition, all Required Documents that are Electronic Records must be delivered to Custodian electronically, and all other Required Documents must be delivered physically, as required by the Custodial Agreement. Seller shall be solely responsible for providing each and every document required for each Mortgage File to Custodian in a timely manner and for completing or correcting any missing, incomplete or inconsistent documents, and neither Custodian nor Buyer shall be responsible or liable for taking any such action, causing Seller or any other person or entity to do so or notifying any Person that any such action has or has not been taken.
Custody of Mortgage Files. The Trustee hereby agrees to act as Document Custodian of the Related Documents for each Mortgage Loan. From time to time following delivery of the Mortgage Files and the Related Documents to the Trustee pursuant to Section 2.01(a) hereof, the Trustee may engage the services of another Person (other than the Depositor or an Affiliate of the Depositor) who is acceptable to the Depositor, the Seller and the Servicer with the consent of the Rating Agencies, to act as Document Custodian. Upon execution of a custodial agreement consistent with the terms hereof, such Document Custodian shall maintain possession of the Mortgage Files, or such part of them as the Trustee shall direct, as agent of the Trustee pursuant to the terms of such
Custody of Mortgage Files. In connection with the sale, transfer, conveyance and assignment of Purchased Mortgage Loans, on or prior to each Purchase Date, Seller shall deliver or cause to be delivered and released to Custodian, as custodian for Buyers, the Mortgage File or Wet File, as applicable for the related Purchased Mortgage Loans. Seller shall be solely responsible for providing each and every document required for each Mortgage File to Custodian in a timely manner and for completing or correcting any missing, incomplete or inconsistent documents, and none of the Custodian, the Administrative Agent or any Buyer shall be responsible or liable for taking any such action, causing Seller or any other person or entity to do so or notifying any Person that any such action has or has not been taken.
Custody of Mortgage Files. (a) The Depositor, concurrently with the execution and delivery of this Agreement, does hereby irrevocably transfer, assign, sell, set over and otherwise convey to the Trustee for the benefit of the Certificateholders without recourse (subject to Sections 2.02 and 2.04) (i) all of its right, title and interest in and to the unpaid principal balance of each Home Equity Loan and each Eligible Substitute Mortgage Loan, including all Interest Collections and Principal Collections in respect of any such Home Equity Loan received after the applicable Cut-Off Date pursuant to the Home Equity Loan Purchase Agreement; (ii) property which secured such Home Equity Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Home Equity Loans; (iv) all proceeds of any of the foregoing; and (v) one share of the Depositor's Preferred Stock.
Custody of Mortgage Files. To assure uniform quality in servicing the Mortgage Loans and to reduce administrative costs, the Seller acknowledges the revocable appointment of the Servicer by the Indenture Trustee, and the acceptance of such appointment by the Servicer, as the agent of the Indenture Trustee as custodian of the Mortgage Files.
Custody of Mortgage Files. (a) The Depositor, concurrently with the execution and delivery of this Agreement, does hereby irrevocably transfer, assign, sell, set over and otherwise convey to the Trust without recourse (subject to Sections 2.02 and 2.04) (i) all of its right, title and interest in and to the unpaid principal balance of each Home Equity Loan and each Eligible Substitute Home Equity Loan, including all Interest Collections and Principal Collections in respect of any such Home Equity Loan received after the Cut-Off Date with respect to each Initial Home Equity Loan and after the Subsequent Cut-Off Date with respect to each Eligible Substitute Home Equity Loan pursuant to the Home Equity Loan Purchase Agreement; (ii) property which secured such Home Equity Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Home Equity Loans (including any Insurance Proceeds); (iv) all other assets included or to be included in the Trust for the benefit of the Class A Noteholders[, the Insurer] and the Transferor;(v) all proceeds of any of the foregoing; and (vi) one share of the Depositor's Preferred Stock. [In addition, on or prior to the Closing Date, the Depositor shall cause the Insurer to deliver the Insurance Policy to the Indenture Trustee.]
Custody of Mortgage Files. In connection with the sale, transfer, conveyance and assignment of Purchased Mortgage Loans, on or prior to each Purchase Date, Seller shall deliver or cause to be delivered and released to Buyer or its designee the Mortgage File or Wet File, as applicable for the related Purchased Mortgage Loans all as more particularly described in the Customer Guide. LEGAL02/33574838v9 ‑10‑ Seller shall be solely responsible for providing each and every document required for each Mortgage File to Buyer or its designee in a timely manner and for completing or correcting any missing, incomplete or inconsistent documents, and Buyer shall not be responsible or liable for taking any such action, causing Seller or any other person or entity to do so or notifying any Person that any such action has or has not been taken.
