Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by ______ or the Depositor, respectively, with respect to the assets conveyed to the Issuer or the Depositor, as the case may be, shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests, and priorities of such liens and security interests that have been granted by ______ or the Depositor, as the case may be, and ______ Savings Bank, Federal Savings Bank or ______ Investments Holdings, Inc, as the case may be shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Issuer has been dissolved pursuant to Section 9.1 of the Trust Agreement. The Indenture Trustee agrees to cooperate with ______ and the Depositor in preparing, executing and filing such statements. The Indenture Trustee agrees to notify ______ and the Depositor on the third Distribution Date prior to each such fifth anniversary of the requirement to file such financing and continuation statements. The filing of any such statement with respect to ______ and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.2 or Section ____ of the Loan Purchase Agreement or Section ____ of the Loan Sale Agreement. If ______ or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or ______ or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof and the Indenture Trustee is notified of such failure or has actual knowledge thereof, the Indenture Trustee shall perform the services required under this Section 4.12.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Residential Asset Funding Corp), Sale and Servicing Agreement (Home Equity Securitization Corp)
Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by ______ or the Transferor and the Depositor, respectively, with respect to the assets conveyed to the Issuer Owner Trustee or to the DepositorOwner Trust, as the case may be, Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests, interests and priorities of such liens and security interests that have been granted by ______ or the Transferor and the Depositor, as respectively, the case may be, Transferor and ______ Savings Bank, Federal Savings Bank or ______ Investments Holdings, Inc, as the case may be Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Issuer Trust has been dissolved terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee agrees and Owner Trustee agree to cooperate with ______ the Transferor and the Depositor in preparing, executing and filing such statements. The Indenture Trustee agrees to notify ______ and the Depositor on the third Distribution Date prior to each such fifth anniversary of the requirement to file such financing and continuation statements. The filing of any such statement with respect to ______ the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.2 or 2.03 hereof and Section ____ 2.04 of the Home Loan Purchase Agreement or Section ____ of the Loan Sale Agreement. If ______ the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or ______ the Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof thereof, each of the Transferor and the Indenture Depositor does hereby make, constitute and appoint the Owner Trustee is notified of its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such failure financing statements or has actual knowledge thereof, the Indenture Trustee shall perform the services continuation statements required under this Section 4.124.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Bcap LLC), Sale and Servicing Agreement (Hsi Asset Securitization Corp)
Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by ______ or the Loan Originator and the Depositor, respectively, with respect to the assets conveyed to the Issuer or Trust, the Depositor, as Loan Originator and the case may be, Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests, interests and priorities of such liens and security interests that have been granted by ______ or the Loan Originator and the Depositor, as the case may berespectively, and ______ Savings Bank, Federal Savings Bank or ______ Investments Holdings, Inc, as the case may be Loan Originator and the Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Issuer Trust has been dissolved terminated pursuant to Section 9.1 of the Trust Agreement. The Indenture Trustee agrees to reasonably cooperate with ______ the Loan Originator and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the Indenture Trustee shall have no responsibility to prepare or file such statements. The Indenture Trustee Servicer agrees to notify ______ the Loan Originator and the Depositor on the third Distribution Payment Date prior to each such fifth anniversary of the requirement to that they file such financing and continuation statements. The filing of any such statement with respect to ______ the Loan Originator and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.2 or Section ____ of SECTION 2.03 hereof. If the Loan Purchase Agreement or Section ____ of the Loan Sale Agreement. If ______ Originator or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or ______ the Loan Originator or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof thereof, each of the Loan Originator and the Depositor does hereby make, constitute and appoint the Indenture Trustee is notified of its attorney-in-fact, with full power and authority, to execute and file in the Depositor's name and on the Depositor's behalf and at the Depositor's expense any such failure financing statements or has actual knowledge thereof, the Indenture Trustee shall perform the services continuation statements required under this Section 4.12SECTION 4.04.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Franchise Finance Corp of America), Sale and Servicing Agreement (Franchise Finance Corp of America)
Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by ______ or the Transferor and the Depositor, respectively, with respect to the assets conveyed to the Issuer Owner Trustee or to the DepositorIssuer, as the case may be, Transferor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests, interests and priorities of such liens and security interests that have been granted by ______ or the Transferor and the Depositor, as respectively, the case may be, and ______ Savings Bank, Federal Savings Bank or ______ Investments Holdings, Inc, as the case may be Transferor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Issuer Trust has been dissolved terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee, the Depositor and Owner Trustee agrees agree to cooperate with ______ the Transferor and the Depositor in preparing, executing and filing such statements. The Indenture Trustee agrees to notify ______ and the Depositor on the third Distribution Date prior to each such fifth anniversary of the requirement to file such financing and continuation statements. The filing of any such statement with respect to ______ the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.2 or 2.03 hereof and Section ____ 2.3 of the Home Loan Purchase Agreement or Section ____ of the Loan Sale Agreement. If ______ the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or ______ or the Depositor Transferor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof thereof, each of the Transferor and the Indenture Depositor does hereby make, constitute and appoint the Owner Trustee is notified of its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such failure financing statements or has actual knowledge thereof, the Indenture Trustee shall perform the services continuation statements required under this Section 4.124.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Issuer.
Appears in 1 contract
Sources: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2)
Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by ______ or the Transferor and the Depositor, respectively, with respect to the assets conveyed to the Issuer Owner Trustee or to the DepositorOwner Trust, as the case may be, Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests, interests and priorities of such liens and security interests that have been granted by ______ or the Transferor and the Depositor, as respectively, the case may be, Transferor and ______ Savings Bank, Federal Savings Bank or ______ Investments Holdings, Inc, as the case may be Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Issuer Trust has been dissolved terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee agrees and Owner Trustee agree to cooperate with ______ the Transferor and the Depositor in preparing, executing and filing such statements. The Indenture Trustee agrees to notify ______ and the Depositor on the third Distribution Date prior to each such fifth anniversary of the requirement to file such financing and continuation statements. The filing of any such statement with respect to ______ the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.2 or 2.03 hereof and Section ____ 2.04 of the Mortgage Loan Purchase Agreement or Section ____ of the Loan Sale Agreement. If ______ the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or ______ the Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof thereof, each of the Transferor and the Indenture Depositor does hereby make, constitute and appoint the Owner Trustee is notified of its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such failure financing statements or has actual knowledge thereof, the Indenture Trustee shall perform the services continuation statements required under this Section 4.124.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Hsi Asset Securitization Corp)
Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by ______ or Life, the Transferor and the Depositor, respectively, with respect to the assets conveyed to the Issuer or Owner Trust, Life, the Depositor, as Transferor and the case may be, Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests, interests and priorities of such liens and security interests that have been granted by ______ or Life, the Transferor and the Depositor, as the case may berespectively, and ______ Savings BankLife, Federal Savings Bank or ______ Investments Holdings, Inc, as the case may be Transferor and the Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Issuer Owner Trust has been dissolved terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee agrees to cooperate with ______ Life, the Transferor and the Depositor in preparing, executing and filing such statements. The Indenture Trustee agrees to notify ______ Life, the Transferor and the Depositor on the third Distribution Payment Date prior to each such fifth anniversary of the requirement to that they file such financing and continuation statements. The filing of any such statement with respect to ______ Life, the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.2 or Section ____ of the Loan Purchase Agreement or Section ____ of the Loan Sale Agreement2.03 hereof. If ______ Life, the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or ______ Life, the Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof and the Indenture Trustee is notified of such failure or has actual knowledge thereof, each of Life, the Transferor and the Depositor does hereby make, constitute and appoint the Indenture Trustee shall perform the services its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.124.04 relating to assets conveyed to the Owner Trust and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Life Financial Home Loan Owner Trust 1997-3)
Filing of Continuation Statements. On or before the fifth anniversary of the filing of any financing statements by ______ or DiTech and the Depositor, respectively, with respect to the assets conveyed to the Issuer or Trust, DiTech and the Depositor, as the case may be, Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions all financing and continuation statements necessary to maintain the liens, security interests, interests and priorities of such liens and security interests that have been granted by ______ or DiTech and the Depositor, as the case may berespectively, and ______ Savings Bank, Federal Savings Bank or ______ Investments Holdings, Inc, as DiTech and the case may be Depositor shall continue to file on or before each fifth anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Issuer Trust has been dissolved terminated pursuant to Section 9.1 of the Trust Agreement. The Indenture Trustee agrees to cooperate with ______ DiTech and the Depositor in preparing, executing and filing such statements. The Indenture Trustee agrees to notify ______ DiTech and the Depositor on the third Distribution Date prior to each such fifth anniversary of the requirement to that they file such financing and continuation statements. The filing of any such statement with respect to ______ DiTech and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.2 or Section ____ of the Loan Purchase Agreement or Section ____ of the Loan Sale Agreement2.03 hereof. If ______ DiTech or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or ______ DiTech or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof thereof, each of DiTech and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04. The granting of such power of attorney to the Indenture Trustee by the Transferor and the Depositor does not create an obligation on the part of the Indenture Trustee to execute or file any such financing or continuation statements and the Indenture Trustee is notified of such failure or has actual knowledge thereof, the Indenture Trustee shall perform the services required under this Section 4.12have no liability in connection therewith.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Ditech Funding Corp Home Loan Owner Trust 1997-1)