Common use of Indenture Trustee to Cooperate Clause in Contracts

Indenture Trustee to Cooperate. (a) Upon any payment in full of the Principal Balance of any Home Equity Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate of the Master Servicer, the trust receipt shall be released by the Indenture Trustee to the Master Servicer.

Appears in 9 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-2), Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Ln Tr 2003 1), Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002-3)

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Indenture Trustee to Cooperate. (a) Upon any the payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer will notify the Indenture Trustee and the Collateral Agent by a certification (which certification shall include a statement to the effect that all amounts received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 5.02 have been so deposited) of a Servicing Officer. Upon any such payment in full, the Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder5.01, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is , it being understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from From time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee Collateral Agent shall, upon request of the Master Servicer and delivery to the Indenture Trustee Collateral Agent of a trust receipt Request for Release signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, Servicer and the Indenture Trustee shall execute such documents as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actionsproceedings. Such trust receipt Request for Release shall obligate the Master Servicer to return the Indenture Trustee's Mortgage File to the Indenture Trustee Collateral Agent when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of the Master Servicera Servicing Officer similar to that hereinabove specified, the trust receipt Request for Release shall be released by the Indenture Trustee Collateral Agent to the Master Servicer.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Indenture Trustee to Cooperate. (a) Upon any the payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer will notify the Indenture Trustee and the Collateral Agent by a certification (which certification shall include a statement to the effect that all amounts received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 5.02 have been so deposited) of a Servicing Officer. Upon any such payment in full, the Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder5.01, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is , it being understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from From time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee Collateral Agent shall, upon request of the Master Servicer and delivery to the Indenture Trustee Collateral Agent of a trust receipt Request for Release signed by a Servicing Officer, release the related Mortgage File to the Master ServicerServicer and shall execute, and as Collateral Agent on behalf of the Indenture Trustee shall execute Trustee, such documents as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actionsproceedings. Such trust receipt Request for Release shall obligate the Master Servicer to return the Indenture Trustee's Mortgage File to the Indenture Trustee Collateral Agent when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of the Master Servicera Servicing Officer similar to that hereinabove specified, the trust receipt Request for Release shall be released by the Indenture Trustee Collateral Agent to the Master Servicer.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (American Business Financial Services Inc /De/), Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Indenture Trustee to Cooperate. (a) Upon any the payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer will notify the Indenture Trustee and the Collateral Agent by a certification (which certification shall include a statement to the effect that all amounts received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 7.02 have been so deposited) of a Responsible Officer. Upon any such payment in full, the Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder7.01, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is , it being understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from From time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee Collateral Agent shall, upon request of the Master Servicer and delivery to the Indenture Trustee Collateral Agent of a trust receipt Request for Release signed by a Servicing Responsible Officer, release the related Mortgage Servicer's Loan File to the Master Servicer, Servicer and the Indenture Trustee shall execute such documents as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actionsproceedings. Such trust receipt Request for Release shall obligate the Master Servicer to return the Mortgage Custodial Loan File to the Indenture Trustee Collateral Agent when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of the Master Servicera Responsible Officer similar to that hereinabove specified, the trust receipt Request for Release shall be released by the Indenture Trustee Collateral Agent to the Master Servicer.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/), Sale and Servicing Agreement (American Business Financial Services Inc /De/), Sale and Servicing Agreement (American Business Financial Services Inc /De/)

Indenture Trustee to Cooperate. (a) Upon any payment in full of the Principal Balance of any Home Equity Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) MERS® System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Loan shall be liquidated, in which case, upon receipt of an Officer's ’s Certificate of the Master Servicer, the trust receipt shall be released by the Indenture Trustee to the Master Servicer.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Corp I), Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-1), Sale and Servicing Agreement (HSBC Home Equity Loan Corp I)

Indenture Trustee to Cooperate. (a) Upon any the payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer will notify the Indenture Trustee and the Collateral Agent by a certification (which certification shall include a statement to the effect that all amounts received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 5.02 have been so deposited) of a Servicing Officer. Upon any such payment in full, the Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder5.01, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is , it being understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from From time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Collateral Agent on behalf of the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee Collateral Agent of a trust receipt Request for Release signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, Servicer and the Indenture Trustee shall execute such documents as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actionsproceedings. Such trust receipt Request for Release shall obligate the Master Servicer to return the Indenture Trustee's Mortgage File to the Collateral Agent on behalf of the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of the Master Servicera Servicing Officer similar to that hereinabove specified, the trust receipt Request for Release shall be released by the Collateral Agent on behalf of the Indenture Trustee to the Master Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Sale and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Indenture Trustee to Cooperate. (a) Upon any payment principal prepayment in full of a Mortgage Loan following the Principal Balance end of any Home Equity Loanthe related Draw Period, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.013.01(e), if the assignments related Assignment of Mortgage have has been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding any portion of the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt Request for Release, in the form attached hereto as Exhibit J, signed by a Servicing Officer, release the related portion of the Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents documents, at the expense of and in the forms provided by the Servicer, as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt Request for Release shall obligate the Master Servicer to return the portion of the Mortgage File released to it to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of a Servicing Officer similar to that hereinabove specified, a copy of the Master Servicer, the trust receipt Request for Release shall be released by the Indenture Trustee to the Master Servicer. In order to facilitate the foreclosure of the Mortgage securing any Mortgage Loan that is in default following recordation of the related Assignment of Mortgage in accordance with the provisions hereof, the Indenture Trustee shall, if so requested in writing by the Servicer execute an appropriate assignment in the form provided to the Trust and the Indenture Trustee by the Servicer to assign such Mortgage Loan for the purpose of collection to the Servicer (any such assignment shall unambiguously indicate that the assignment is for the purpose of collection only) and, upon such assignment, such assignee for collection will thereupon bring all required actions in its own name and otherwise enforce the terms of the Mortgage Loan and deposit or credit the Net Recoveries received with respect thereto in the Collection Account. In the event that all delinquent payments due under any such Mortgage Loan are paid by the Mortgagor and any other defaults are cured then the assignee for collection shall promptly reassign such Mortgage Loan to the Indenture Trustee and return it to the place where the related Mortgage File was being maintained.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Terwin Securitization LLC), Sale and Servicing Agreement (First Horizon Asset Securities Inc)

Indenture Trustee to Cooperate. (a) Upon any payment of the outstanding principal balance thereof in full or other satisfaction of a Receivable in accordance with the Principal Balance of any Home Equity LoanCredit and Collection Policy, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder4.1(e), an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such MortgageContract, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Note Account. If the Indenture Trustee or the Custodian is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity LoanReceivable, the Indenture Trustee or the Custodian, as the case may be, shall, upon request of the Master Servicer and delivery to the Indenture Trustee or the Custodian, as the case may be, of a trust receipt Request for Release, in the form attached as Exhibit D to the Custodial Agreement, signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents in the forms provided by the Servicer, as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt Request for Release shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee or the Custodian when the need therefor by the Master Servicer no longer exists unless the Home Equity Loan Receivable shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of the Master Servicera Servicing Officer similar to that herein above specified, the trust receipt Request for Release shall be released by the Indenture Trustee or the Custodian holding such Request for Release to the Master Servicer. In order to facilitate the foreclosure of the Mortgage securing any Receivable that is in default following recordation of the related Assignment of Mortgage in accordance with the provisions hereof, the Indenture Trustee shall, if so requested in writing by the Servicer, execute an appropriate assignment in the form provided to the Indenture Trustee by the Servicer to assign such Receivable for the purpose of collection to the Servicer (any such assignment shall unambiguously indicate that the assignment is for the purpose of collection only) and, upon such assignment, such assignee for collection will thereupon bring all required actions in its own name and otherwise enforce the terms of the Receivable and deposit or credit the Net Liquidation Proceeds, exclusive of Foreclosure Profits, received with respect thereto in the Note Account. In the event that all delinquent payments due under any such Receivable are paid by the Obligor and any other defaults are cured then the assignee for collection shall promptly reassign such Receivable to the Indenture Trustee and return it to the place where the related File was being maintained.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Oakwood Homes Corp), Sale and Servicing Agreement (Oakwood Homes Corp)

Indenture Trustee to Cooperate. (a) Upon any payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) MERS® System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's ’s Certificate of the Master Servicer, the trust receipt shall be released by the Indenture Trustee to the Master Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2004-Hc1), Sale and Servicing Agreement (Household Mortgage Loan Trust 2003-Hc1)

Indenture Trustee to Cooperate. (a) Upon Provided that Bluegreen Corporation or its Affiliate is the Servicer, upon any payment of the outstanding principal balance thereof in full or other satisfaction of a Receivable in accordance with the Principal Balance of any Home Equity LoanCredit Policy, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder4.1(b), an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Note Account. If the Indenture Trustee or the Custodian is holding the Mortgage FilesReceivables Documents, from time to time and as appropriate for the servicing or foreclosure of any Home Equity LoanReceivable, the Indenture Trustee or the Custodian, as the case may be, shall, upon request of the Master Servicer and delivery to the Indenture Trustee or the Custodian, as the case may be, of a trust receipt Request for Release, in the form attached as Exhibit D to the Custodial Agreement, signed by a Servicing Officer, release the related Mortgage File Receivables Document to the Master Servicer, and the Indenture Trustee shall execute such documents in the forms provided by the Servicer, as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt Request for Release shall obligate the Master Servicer to return the Mortgage File Receivables Document to the Indenture Trustee or the Custodian when the need therefor by the Master Servicer no longer exists unless the Home Equity Loan Receivable shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of the Master Servicera Servicing Officer similar to that herein above specified, the trust receipt Request for Release shall be released by the Indenture Trustee or the Custodian holding such Request for Release to the Master Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Bluegreen Corp), Sale and Servicing Agreement (Bluegreen Corp)

Indenture Trustee to Cooperate. (a) Upon any payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) MERS® System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate of the Master Servicer, the trust receipt shall be released by the Indenture Trustee to the Master Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2003-Hc2)

Indenture Trustee to Cooperate. (a) Upon any payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate of the Master Servicer, the trust receipt shall be released by the Indenture Trustee to the Master Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Funding Corp Iii)

Indenture Trustee to Cooperate. (a) Upon any the payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.013.01(e), if the assignments related Assignment of Mortgage have has been recorded as required hereunderrecorded, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding any portion of the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt request for release, in the form attached hereto as Exhibit I, signed by a Servicing Officer, release the related portion of the Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents documents, at the expense of and in the forms provided by the Servicer, as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt Request for Release shall obligate the Master Servicer to return the portion of the Mortgage File released to it to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of a Servicing Officer similar to that hereinabove specified (including a certification that the Servicer has deposited the proceeds of such liquidated Mortgage Loan in the Collection Account), a copy of the Master Servicer, the trust receipt Request for Release shall be released by the Indenture Trustee to the Master Servicer. In order to facilitate the foreclosure of the Mortgage securing any Mortgage Loan that is in default following recordation of the related Assignment of Mortgage in accordance with the provisions hereof, the Indenture Trustee shall, if so requested in writing by the Servicer execute an appropriate assignment in the form provided to the Trust and the Indenture Trustee by the Servicer to assign such Mortgage Loan for the purpose of collection to the Servicer (any such assignment shall unambiguously indicate that the assignment is for the purpose of collection only) and, upon such assignment, such assignee for collection will thereupon bring all required actions in its own name and otherwise enforce the terms of the Mortgage Loan and deposit or credit the Net Recoveries received with respect thereto in the Collection Account. In the event that all delinquent payments due under any such Mortgage Loan are paid by the Mortgagor and any other defaults are cured then the assignee for collection shall promptly reassign such Mortgage Loan to the Indenture Trustee and return it to the place where the related Mortgage File was being maintained.

Appears in 1 contract

Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)

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Indenture Trustee to Cooperate. (a) Upon any payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate of the Master Servicer, the trust receipt shall be released by the Indenture Trustee to the Master Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2002 Hc1)

Indenture Trustee to Cooperate. (a) Upon any payment principal prepayment in full of a Mortgage Loan following the Principal Balance end of any Home Equity Loanthe related Draw Period, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.013.01(e), if the assignments related Assignment of Mortgage have has been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding any portion of the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt request for release, in the form attached hereto as Exhibit J (a “Request for Release”), signed by a Servicing Officer, release the related portion of the Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents documents, at the expense of and in the forms provided by the Servicer, as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt request for release shall obligate the Master Servicer to return the portion of the Mortgage File released to it to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of a Servicing Officer similar to that hereinabove specified, a copy of the Master Servicer, the trust receipt Request for Release shall be released by the Indenture Trustee to the Master Servicer. In order to facilitate the foreclosure of the Mortgage securing any Mortgage Loan that is in default following recordation of the related Assignment of Mortgage in accordance with the provisions hereof, the Indenture Trustee shall, if so requested in writing by the Servicer execute an appropriate assignment in the form provided to the Trust and the Indenture Trustee by the Servicer to assign such Mortgage Loan for the purpose of collection to the Servicer (any such assignment shall unambiguously indicate that the assignment is for the purpose of collection only) and, upon such assignment, such assignee for collection will thereupon bring all required actions in its own name and otherwise enforce the terms of the Mortgage Loan and deposit or credit the Net Recoveries received with respect thereto in the Collection Account. In the event that all delinquent payments due under any such Mortgage Loan are paid by the Mortgagor and any other defaults are cured then the assignee for collection shall promptly reassign such Mortgage Loan to the Indenture Trustee and return it to the place where the related Mortgage File was being maintained.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Horizon Asset Securities Inc)

Indenture Trustee to Cooperate. (a) Upon any payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate of the Master Servicer, the trust receipt shall be released by the Indenture Trustee to the Master Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Compass Asset Acceptance Co)

Indenture Trustee to Cooperate. (a) Upon any the payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer will notify the Indenture Trustee and the Collateral Agent by a certification (which certification shall include a statement to the effect that all amounts received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 7.02 have been so deposited) of a Servicing Officer. Upon any such payment in full, the Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder7.01, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is , it being understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from From time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee Collateral Agent shall, upon request of the Master Servicer and delivery to the Indenture Trustee Collateral Agent of a trust receipt Request for Release signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, Servicer and the Indenture Trustee shall execute such documents as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actionsproceedings. Such trust receipt Request for Release shall obligate the Master Servicer to return the Indenture Trustee's Mortgage File to the Indenture Trustee Collateral Agent when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of the Master Servicera Servicing Officer similar to that hereinabove specified, the trust receipt Request for Release shall be released by the Indenture Trustee Collateral Agent to the Master Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/)

Indenture Trustee to Cooperate. (a) Upon any the payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer shall deliver to the Indenture Trustee and the Collateral Agent a Request for Release (which request shall include a statement to the effect that all amounts received in connection with such payment which are required to be deposited in the Collection Account pursuant to Section 7.02 have been so deposited) of a Servicing Officer. Upon any such payment in full, the Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder7.01, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is , it being understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from From time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee Collateral Agent shall, upon request of the Master Servicer and delivery to the Indenture Trustee Collateral Agent of a trust receipt Request for Release signed by a Servicing Officer, release the related Mortgage File to the Master ServicerServicer and shall execute, and as Collateral Agent on behalf of the Indenture Trustee shall execute Trustee, such documents as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actionsproceedings. Such trust receipt Request for Release shall obligate the Master Servicer to return the Indenture Trustee's Mortgage File to the Indenture Trustee Collateral Agent when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of the Master Servicera Servicing Officer similar to that hereinabove specified, the trust receipt Request for Release shall be released by the Indenture Trustee Collateral Agent to the Master Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/)

Indenture Trustee to Cooperate. (a) Upon any payment in full of the Principal Balance of any Home Equity Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.01, if the assignments of Mortgage have been recorded as required hereunder, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt signed by a Servicing Officer, release the related Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt shall obligate the Master Servicer to return the Mortgage File to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate of the Master Servicer, the trust receipt shall be released by the Indenture Trustee to the Master Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp)

Indenture Trustee to Cooperate. (a) Upon any the payment in full of the Principal Balance of any Home Equity Mortgage Loan, the Master Servicer is authorized to execute, pursuant to the authorization contained in Section 3.013.01(e), if the assignments related Assignment of Mortgage have has been recorded as required hereunderrecorded, an instrument of satisfaction regarding the related Mortgage or written evidence of cancellation thereon and to cause the removal from the registration on the MERS(R) System of such Mortgage, which instrument of satisfaction shall be recorded by the Master Servicer if required by applicable law and be delivered to the Person entitled thereto. It is understood and agreed that no expenses incurred in connection with such instrument of satisfaction or transfer shall be reimbursed from amounts deposited in the Collection Account. If the Indenture Trustee is holding any portion of the Mortgage Files, from time to time and as appropriate for the servicing or foreclosure of any Home Equity Mortgage Loan, the Indenture Trustee shall, upon request of the Master Servicer and delivery to the Indenture Trustee of a trust receipt request for release, in the form attached hereto as Exhibit J, signed by a Servicing Officer, release the related portion of the Mortgage File to the Master Servicer, and the Indenture Trustee shall execute such documents documents, at the expense of and in the forms provided by the Servicer, as shall be necessary to for the prosecution of any such proceedings or the taking of other servicing actions. Such trust receipt Request for Release shall obligate the Master Servicer to return the portion of the Mortgage File released to it to the Indenture Trustee when the need therefor by the Master Servicer no longer exists unless the Home Equity Mortgage Loan shall be liquidated, in which case, upon receipt of an Officer's Certificate a certificate of a Servicing Officer similar to that hereinabove specified (including a certification that the Servicer has deposited the proceeds of such liquidated Mortgage Loan in the Collection Account), a copy of the Master Servicer, the trust receipt Request for Release shall be released by the Indenture Trustee to the Master Servicer. In order to facilitate the foreclosure of the Mortgage securing any Mortgage Loan that is in default following recordation of the related Assignment of Mortgage in accordance with the provisions hereof, the Indenture Trustee shall, if so requested in writing by the Servicer execute an appropriate assignment in the form provided to the Trust and the Indenture Trustee by the Servicer to assign such Mortgage Loan for the purpose of collection to the Servicer (any such assignment shall unambiguously indicate that the assignment is for the purpose of collection only) and, upon such assignment, such assignee for collection will thereupon bring all required actions in its own name and otherwise enforce the terms of the Mortgage Loan and deposit or credit the Net Recoveries received with respect thereto in the Collection Account. In the event that all delinquent payments due under any such Mortgage Loan are paid by the Mortgagor and any other defaults are cured then the assignee for collection shall promptly reassign such Mortgage Loan to the Indenture Trustee and return it to the place where the related Mortgage File was being maintained.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Indymac Abs Inc)

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