Common use of Missing or Unavailable Documents Clause in Contracts

Missing or Unavailable Documents. To the extent that any original document is not available to be delivered or held as required under paragraph (a) or (b) of this Subsection 3.4(1), a certificate or an affidavit of an authorized representative of the Issuer, the Seller, the Custodian, the Direct Servicer, or an agent of any of them, will either be delivered or held certifying (x) that the original document has been lost or destroyed and (y) either (i) that an attached copy of the document is a true and accurate copy, or (ii) except in the case of those items described in clauses (iv) and (v) of paragraph (b) of this Subsection 3.4(1), and if permitted in the related Servicing Contract, a description of the material terms of the missing document. To the extent that any required original document is not available to be so delivered because it has been sent for recordation or filing in the appropriate jurisdiction, the Issuer will cause a copy of the document to be delivered to the Trustee, Custodian or Direct Servicer, as applicable, and will cause the required original document to be delivered to the Trustee, Custodian or Direct Servicer as soon as it becomes available in lieu thereof. If a required or requested document is not delivered in due course, the related Mortgage Loan may be considered defective and may be purchased pursuant to Section 2.5.

Missing or Unavailable Documents. To the extent that In lieu of any original document is not available required to be delivered or held as required under paragraph (a) or (b) of this Subsection 3.4(1), a certificate or an affidavit of an authorized representative of the Issuer, the Seller, the Custodian, the Direct Servicer, or an agent of any of them, them will either be delivered or held held, certifying (xa) that the original document has been lost or destroyed and (yb) either (i) that an attached copy of the document is a true and accurate copy, or (ii) except in the case of those items described in clauses (iv) and (v) of paragraph (b) of this Subsection 3.4(1), and if permitted in the related Servicing Contract, a description of the material terms of the missing document. To the extent that any required original document is not available to be so delivered because it has been sent for recordation or filing in the appropriate jurisdiction, the Issuer will cause a copy of the document to be delivered to the Trustee, Custodian or Direct Servicer, as applicable, and will cause the required original document to be delivered to the Trustee, Custodian or Direct Servicer as soon as it becomes available in lieu thereofavailable. If a required or requested document is not delivered in due course, the related Mortgage Loan may be considered defective and may be purchased or substituted pursuant to Section 2.52.5 or 2.6.

Missing or Unavailable Documents. To the extent that In lieu of any original document is not available required to be delivered or held as required under paragraph (a), (b) or (bc) of this Subsection 3.4(1), a certificate or an affidavit of an authorized representative of the Issuer, the Seller, the Custodian, the Direct Primary Servicer, or an agent of any of them, them will either be delivered or held held, certifying (xi) that the original document has been lost or destroyed and (yii) either (ix) that an attached copy of the document is a true and accurate copy, or (iiy) except in the case of those items described in clauses (iv) and (v) of paragraph (b) of this Subsection 3.4(1), and if permitted in the related Servicing Contract, a description of the material terms of the missing document. To the extent that any required original document is not available to be so delivered because it has been sent for recordation or filing in the appropriate jurisdiction, the Issuer will cause a copy of the document to be delivered to the Trustee, Custodian or Direct Primary Servicer, as applicable, and will cause the required original document to be delivered to the Trustee, Custodian or Direct Primary Servicer as soon as it becomes available in lieu thereofavailable. If a required or requested document is not delivered in due course, the related Mortgage Loan may be considered defective and may be purchased or substituted pursuant to Section 2.52.5 or 2.6.