Common use of Delivery of Mortgage Files Clause in Contracts

Delivery of Mortgage Files. The Mortgage, Mortgage Note, Assignment of Mortgage and any other documents required to be delivered by the Company hereunder have been delivered to the Custodian. The Company is in possession of a complete Mortgage File in compliance with Exhibit A, except for such documents the originals of which have been delivered to the Custodian. With respect to each Mortgage Loan for which a lost note affidavit has been delivered to the Custodian in place of the original Mortgage Note, the related Mortgage Note is no longer in existence, and, if such Mortgage Loan is subsequently in default, the enforcement of such Mortgage Loan or of the related Mortgage by or on behalf of the Purchaser will not be affected by the absence of the original Mortgage Note;

Appears in 4 contracts

Samples: Warranties and Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10), Warranties and Servicing Agreement (Structured Asset Securities Corp. 2005-14), Banc of America Funding 2006-2 Trust

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Delivery of Mortgage Files. The Mortgage, Mortgage Note, Assignment of Loan Documents for the related Mortgage and any other documents required to be delivered by the Company hereunder Loans have been delivered to the Custodian, subject to the delivery requirements of this Agreement. The Company is in possession of a complete Mortgage File in compliance with Exhibit Afor each Mortgage Loan, except for such documents the originals of which have been delivered to the Custodian, and all documents required to be included in the Mortgage File shall be complete, executed as required and in compliance with applicable law. With respect to each Mortgage Loan for which a lost note affidavit has been delivered to the Custodian in place of the original Mortgage Note, the related Mortgage Note is no longer in existence, and, if such Mortgage Loan is subsequently in default, the enforcement of such Mortgage Loan or of the related Mortgage by or on behalf of the Purchaser will not be affected by the absence of the original Mortgage Note;

Appears in 1 contract

Samples: Master Bulk Sale and Servicing Agreement (Banc of America Funding Corp)

Delivery of Mortgage Files. The Mortgage, Mortgage Note, Assignment of Mortgage and any other documents required to be delivered by the Company hereunder have been delivered to the Custodian. The Company is in possession of a complete Mortgage File in compliance with Exhibit AB, except for such documents the originals of which have been delivered to the Custodian. With respect to each Mortgage Loan for which a lost note affidavit has been delivered to the Custodian in place of the original Mortgage Note, the related Mortgage Note is no longer in existence, and, if such Mortgage Loan is subsequently in default, the enforcement of such Mortgage Loan or of the related Mortgage by or on behalf of the Purchaser will not be affected by the absence of the original Mortgage Note;

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-26)

Delivery of Mortgage Files. The Mortgage, Mortgage Note, Assignment of Loan Documents for the related Mortgage and any other documents required to be delivered by the Company hereunder Loans have been delivered to the Custodian, subject to the delivery requirements of this Agreement. The Company Seller is in possession of a complete Mortgage File in compliance with Exhibit Afor each Mortgage Loan, except for such documents the originals of which have been delivered to the Custodian, and all documents required to be included in the Mortgage File shall be complete, executed as required and in compliance with applicable law. With respect to each Mortgage Loan for which a lost note affidavit has been delivered to the Custodian in place of the original Mortgage Note, the related Mortgage Note is no longer in existence, and, if such Mortgage Loan is subsequently in default, the enforcement of such Mortgage Loan or of the related Mortgage by or on behalf of the Purchaser will not be affected by the absence of the original Mortgage Note;

Appears in 1 contract

Samples: Distribution Instructions (MASTR Asset Backed Securities Trust 2006-Am1)

Delivery of Mortgage Files. The Mortgage, Mortgage Note, Assignment of Loan Documents for the related Mortgage and any other documents required to be delivered by the Company hereunder Loans have been or will be delivered to the Custodian. The Company is in possession of a complete Mortgage File for each Mortgage Loan in compliance with Exhibit A, except for such documents the originals of which have been delivered to the Custodian. With respect to each Mortgage Loan for which a lost note affidavit has been delivered to the Custodian in place of the original Mortgage Note, the related Mortgage Note is no longer in existence, and, if such Mortgage Loan is subsequently in default, the enforcement of such Mortgage Loan or of the related Mortgage by or on behalf of the Purchaser will not be affected by the absence of the original Mortgage Note;

Appears in 1 contract

Samples: Sale and Servicing Agreement (ABFC 2006-Opt2 Trust)

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Delivery of Mortgage Files. The Mortgage, Mortgage Note, Assignment of Loan Documents for the Mortgage and any other documents required to be delivered by the Company hereunder Loans have been delivered to the Custodian, subject to the delivery requirements of this Agreement. The Company is in possession of a complete Mortgage File in compliance with Exhibit Afor each Mortgage Loan, except for such documents the originals of which have been delivered to the Custodian, and all documents required to be included in the Mortgage File shall be complete, executed as required and in compliance with applicable law. With respect to each Mortgage Loan for which a lost note affidavit has been delivered to the Custodian in place of the original Mortgage Note, the related Mortgage Note is no longer in existence, and, if such Mortgage Loan is subsequently in default, the enforcement of such Mortgage Loan or of the related Mortgage by or on behalf of the Purchaser will not be affected by the absence of the original Mortgage Note;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)

Delivery of Mortgage Files. The Mortgage, Mortgage Note, Assignment of Mortgage and any other documents Loan Documents required to be delivered by the Company hereunder have been delivered to the CustodianCustodian in accordance with this Agreement. The Company is in possession of a complete complete, true and accurate Mortgage File in compliance with Exhibit AC, except for such documents the originals of which have been delivered to the CustodianCustodian or for such documents where the originals of which have been sent for recordation. With respect to each Mortgage Loan for which a lost note affidavit has been delivered to the Custodian in place of the original Mortgage Note, the related Mortgage Note is no longer in existence, and, if such Mortgage Loan is subsequently in default, the enforcement of such Mortgage Loan or of the related Mortgage by or on behalf of the Purchaser will not be affected by the absence of the original Mortgage Note;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa4)

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