Common use of Delivery and Possession of Servicing Files Clause in Contracts

Delivery and Possession of Servicing Files. On or before the Servicing Transfer Date, the Issuer (or the Collateral Manager acting on behalf of the Issuer) shall deliver or cause to be delivered to the Servicer (i) a Servicing File with respect to each Serviced Mortgage Loan; and (ii) the amounts, if any, received by the Issuer representing Escrow Payments previously made by the Obligors. The Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Servicer are and shall be held in trust by the Servicer on behalf of the Issuer for the benefit of the Relevant Parties in Interest. The Servicer’s possession of the contents of each Servicing File so delivered shall be for the sole purpose of servicing the related Mortgage Loan and such possession by the Servicer shall be in a custodial capacity only. The Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer), and upon request of the Issuer (or the Collateral Manager acting on behalf of the Issuer), the Servicer shall deliver to the Issuer, or its nominee, the Servicing File or a copy of any document contained therein; provided, however, that if the Servicer is unable to perform its Servicing obligations with respect to the related Mortgage Loan as a result of any such release or delivery of the Servicing File, then the Servicer shall not be liable, while the related Servicing File is not in the Servicer’s possession, for any failure to perform any obligation hereunder with respect to the related Mortgage Loan.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Issuer (or the Collateral Manager acting on behalf of the Issuer) Owner shall deliver or cause to be delivered to the Master Servicer (ia) a Servicing File with respect to each Serviced Mortgage Loan; and (iib) the amounts, if any, received by the Issuer Owner representing Escrow Payments previously made by the ObligorsBorrowers. The Master Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Master Servicer are and shall be held in trust by the Master Servicer on behalf of the Issuer for the benefit of the Relevant Parties in Interest. The Owner as the owner thereof; the Master Servicer’s possession of the contents of each Servicing File so delivered shall be is for the sole purpose of servicing the related Mortgage Loan Loan; and such possession by the Master Servicer shall be in a custodial capacity only. The Master Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer)Owner, and upon request of the Issuer (or the Collateral Manager acting on behalf of the Issuer)Owner, the Master Servicer shall deliver to the Issuer, or its nominee, Owner the Servicing File or a copy of any document contained therein; provided, however, that if the Master Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Loan as a result of after any such release or delivery of the Servicing File, then the Master Servicer shall not be liable, liable to the Owner or any third party while the related Servicing File is not in the Master Servicer’s possession, possession for any failure inability of the Master Servicer to perform any such obligation hereunder and Master Servicer may terminate this Agreement with respect to such Mortgage Loan immediately upon written notice to the related Mortgage LoanOwner.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Issuer (or the Collateral Manager acting Seller, on behalf of the Issuer) Buyer, shall deliver or cause to be delivered to the Servicer (i) a Servicing File with respect to each Serviced Mortgage LoanInvestment; and (ii) the amounts, if any, received by the Issuer Seller representing Escrow Payments previously made by the Underlying Obligors. The Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Investments and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Servicer are and shall be held in trust by the Servicer on behalf of the Issuer for the benefit of Buyer as the Relevant Parties in Interest. The owner thereof; Servicer’s 's possession of the contents of each Servicing File so delivered shall be is for the sole purpose of servicing the related Mortgage Loan Investment; and such possession by the Servicer shall be in a custodial capacity only. The Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer)Buyer, and upon request of the Issuer (or the Collateral Manager acting on behalf of the Issuer)Buyer, the Servicer shall deliver to the Issuer, or its nominee, Buyer the Servicing File or a copy of any document contained therein; provided, however, that if the Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Loan as a result of Investment after any such release or delivery of the Servicing File, then the Servicer shall not be liable, while the related Servicer's responsibilities for Loan Servicing File is not in the Servicer’s possession, for any failure to perform any obligation hereunder with respect to such Investment may be terminated immediately by Servicer upon written notice to Buyer and Seller. Notwithstanding the related Mortgage Loanforegoing, Servicer shall make delivery of the Servicing File to Seller instead of Buyer, in the event that the delivery is made on account of the repurchase of a Purchased Asset pursuant to the Master Repurchase Agreement.

Delivery and Possession of Servicing Files. On or before the Servicing Transfer Closing Date, the Issuer (or the Collateral Manager acting on behalf of the Issuer) shall deliver or cause to be delivered to the Servicer (i) a Servicing File with respect to each Serviced Mortgage Commercial Real Estate Loan; and (ii) the amounts, if any, received by the Issuer representing Escrow Payments previously made by the Obligors. The Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Servicer are and shall be held in trust by the Servicer on behalf of the Issuer for the benefit of the Relevant Parties in Interest. The Servicer’s possession of the contents of each Servicing File so delivered shall be for the sole purpose of servicing the related Mortgage Commercial Real Estate Loan and such possession by the Servicer shall be in a custodial capacity only. The Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer)Special Servicer, and upon written request of the Issuer (or the Collateral Manager acting on behalf of the Issuer)Special Servicer, the Servicer shall deliver to the Issuer, or its nominee, the Servicing File or a copy of any document contained thereintherein in accordance with such written requests; provided, however, that if the Servicer is unable to perform its Servicing obligations with respect to the related Mortgage Commercial Real Estate Loan as a result of any such release or delivery of the Servicing File, then the Servicer shall not be liable, while the related Servicing File is not in the Servicer’s possession, for any failure to perform any obligation hereunder with respect to the related Mortgage Loan.00000000.00.XXXXXXXX -44-

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Issuer (or the Collateral Manager acting on behalf of the Issuer) Master Servicer shall deliver or cause to be delivered to the Servicer (i) a Servicing File with respect to each Serviced Mortgage Loan; and (ii) the amounts, if any, received by the Issuer Master Servicer representing Escrow Payments previously made by the ObligorsBorrowers. The Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Servicer are and shall be held in trust by the Servicer on behalf of the Issuer for the benefit of the Relevant Parties Master Servicer as the owner thereof or, in Interest. The the case of a Securitization, held in trust by the Servicer for the benefit of the Securitization trust; the Servicer’s possession of the contents of each Servicing File so delivered shall be is for the sole purpose of servicing the related Mortgage Loan Loan; and such possession by the Servicer shall be in a custodial capacity only. The Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer)Master Servicer, and upon request of the Issuer (or the Collateral Manager acting on behalf of the Issuer)Master Servicer, the Servicer shall deliver to the Issuer, or its nominee, Master Servicer the Servicing File or a copy of any document contained therein; provided, however, that if the Servicer is unable to perform its Loan Servicing obligations with respect to the related Mortgage Loan as a result of after any such release or delivery of the Servicing File, then the Servicer shall not be liable, while the related Servicing File is not in the Servicer’s possession, responsibilities for any failure to perform any obligation hereunder Loan Servicing with respect to such Mortgage Loan may be terminated immediately by the related Mortgage LoanServicer upon written notice to the Master Servicer.

Delivery and Possession of Servicing Files. On or before the related Servicing Transfer Date, the Issuer (or the Collateral Manager acting on behalf of the Issuer) Owner shall deliver or cause to be delivered to the Servicer (i) a Servicing File with respect to each Serviced Mortgage Loan; and (ii) the amounts, if any, received by the Issuer Owner representing Escrow Payments previously made by the ObligorsBorrowers. The Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments for the Mortgage Loans and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Servicer are and shall be held in trust by the Servicer on behalf of the Issuer for the benefit of the Relevant Parties in Interest. The Owner as the owner thereof; the Servicer’s 's possession of the contents of each Servicing File so delivered shall be is for the sole purpose of servicing the related Mortgage Loan Loan; and such possession by the Servicer shall be in a custodial capacity only. The Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer)Owner, and upon request of the Issuer (or the Collateral Manager acting on behalf of the Issuer)Owner, the Servicer shall deliver to the Issuer, or its nominee, Owner the Servicing File or a copy of any document contained therein; provided, -------- however, that if the Servicer is unable to perform its Loan Servicing ------- obligations with respect to the related Mortgage Loan as a result of after any such release or delivery of the Servicing File, then the Servicer shall not be liable, while the related Servicer's responsibilities for Loan Servicing File is not in the Servicer’s possession, for any failure to perform any obligation hereunder with respect to such Mortgage Loan may be terminated immediately by the related Mortgage LoanServicer upon written notice to the Owner.

Delivery and Possession of Servicing Files. On or before the Servicing Transfer Date, the Issuer (or the Collateral Manager acting on behalf of the Issuer) shall deliver or cause to be delivered to the Servicer (i) a Servicing File with respect to each Serviced Mortgage LoanCollateral Obligation; and (ii) the amounts, if any, received by the Issuer representing Escrow Payments previously made by the Obligors. The Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Servicer are and shall be held in trust by the Servicer on behalf of the Issuer for the benefit of the Relevant Parties in InterestIssuer. The Servicer’s possession of the contents of each Servicing File so delivered shall be for the sole purpose of servicing the related Mortgage Loan Collateral Obligation and such possession by the Servicer shall be in a custodial capacity only. The Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer)Manager, and upon request of the Issuer (or the Collateral Manager acting on behalf of the Issuer)Manager, the Servicer shall deliver to the Issuer, or its nominee, the Servicing File or a copy of any document contained therein; provided, however, that if the Servicer is unable to perform its Servicing obligations with respect to the related Mortgage Loan as a result of Collateral Obligation after any such release or delivery of the Servicing File, then the Servicer shall not be liable, while the related Servicing File is not in the Servicer’s possession, for any failure to perform any obligation hereunder with respect to the related Mortgage LoanCollateral Obligation.

Delivery and Possession of Servicing Files. On or before the Servicing Transfer Closing Date, the Issuer (or the Collateral Manager acting on behalf of the Issuer) shall deliver or cause to be delivered to the Servicer (i) a Servicing File with respect to each Serviced Mortgage Loan; Commercial Real Estate Loan and (ii) the amounts, if any, received by the Issuer representing Escrow Payments previously made by the Obligors. The Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Servicer are and shall be held in trust by the Servicer on behalf of the Issuer for the benefit of the Relevant Parties in Interest. The Servicer’s possession of the contents of each Servicing File so delivered shall be for the sole purpose of servicing the related Mortgage Commercial Real Estate Loan and such possession by the Servicer shall be in a custodial capacity only. The Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer)Special Servicer, and upon written request of the Issuer (or the Collateral Manager acting on behalf of the Issuer)Special Servicer, the Servicer shall deliver to the Issuer, or its nominee, the Servicing File or a copy of any document contained thereintherein in accordance with such written requests; provided, however, that if the Servicer is unable to perform its Servicing obligations with respect to the related Mortgage Commercial Real Estate Loan as a result of any such release or delivery of the Servicing File, then the Servicer shall not be liable, while the related Servicing File is not in the Servicer’s possession, for any failure to perform any obligation hereunder with respect to the related Mortgage Commercial Real Estate Loan.

Delivery and Possession of Servicing Files. On or before the Servicing Transfer Closing Date, the Issuer (or the Collateral Manager acting on behalf of the Issuer) shall deliver or cause to be delivered to the Servicer (i) a Servicing File with respect to each Serviced Mortgage Loan; and (ii) the amounts, if any, received by the Issuer representing Escrow Payments previously made by the Obligors. The Servicer shall promptly acknowledge receipt of the Servicing File and Escrow Payments and shall promptly deposit such Escrow Payments in the Escrow Accounts established pursuant to this Agreement. The contents of each Servicing File delivered to the Servicer are and shall be held in trust by the Servicer on behalf of the Issuer for the benefit of the Relevant Parties in Interest. The Servicer’s possession of the contents of each Servicing File so delivered shall be for the sole purpose of servicing the related Mortgage Loan and such possession by the Servicer shall be in a custodial capacity only. The Servicer shall release its custody of the contents of any Servicing File only in accordance with written instructions from the Issuer (or the Collateral Manager acting on behalf of the Issuer)Special Servicer, and upon written request of the Issuer (or the Collateral Manager acting on behalf of the Issuer)Special Servicer, the Servicer shall deliver to the Issuer, or its nominee, the Servicing File or a copy of any document contained thereintherein in accordance with such written requests; provided, however, that if the Servicer is unable to perform its Servicing obligations with respect to the related Mortgage Loan as a result of any such release or delivery of the Servicing File, then the Servicer shall not be liable, while the related Servicing File is not in the Servicer’s possession, for any failure to perform any obligation hereunder with respect to the related Mortgage Loan.