Mortgage Loans in Bankruptcy. In accordance with Bankruptcy Rules 3001 and 3002, the Purchaser agrees to take all actions necessary to file, within thirty (30) Business Days after the Closing Date, (i) proofs of claims in pending bankruptcy cases involving any Mortgage Loans for which the Seller or IndyMac Federal (or its predecessors-in-interest) have not already filed a proof of claim, and (ii) all documents required by Bankruptcy Rule 3001 and to take all such similar actions as may be required in any relevant jurisdiction in any pending bankruptcy or insolvency case or proceeding in such jurisdiction involving any Assets in order to evidence and assert the Purchaser’s rights. The Purchaser shall prepare and provide to the Seller, within thirty (30) Business Days after the Closing Date, an Affidavit and Assignment of Claim or any similar forms as may be required in any relevant Foreign Jurisdiction and shall be acceptable to the Seller, for each Mortgage Loan where a Mortgagor under such Mortgage Loan is in bankruptcy as of the Closing Date. The Purchaser hereby releases the Seller, IndyMac Federal (or its predecessors-in-interest) and the FDIC from any claim, demand, suit or cause of action the Purchaser may have as a result of any action or inaction on the part of the Seller, IndyMac Federal (or its predecessors-in-interest) or the FDIC with respect to such Mortgage Loan, and the Purchaser further agrees to reimburse the Seller for any cost or expense incurred by the Seller as a result of the Purchaser’s failure to file an Affidavit and Assignment of Claim or similar forms as required herein.
Mortgage Loans in Bankruptcy. In accordance with Rules 3001 and 3002 set forth under the Federal Rules of Bankruptcy Procedure, Purchaser agrees to take all actions necessary to file (i) proofs of claims in pending bankruptcy cases involving any Serviced Mortgage Loans for which the Sellers have not already filed a proof of claim prior to the claims bar date, and (ii) all documents required under Rule 3001 set forth under the Federal Rules of Bankruptcy Procedure and to take all such similar actions as may be required in any relevant jurisdiction in any pending bankruptcy or insolvency case or proceeding in such jurisdiction involving any Serviced Mortgage Loan in order to evidence and assert Purchaser’s rights. Purchaser shall prepare and provide to the Sellers, within thirty (30) Business Days after the applicable Servicing Transfer Date, an Affidavit and Assignment of Claim or any similar forms as may be required in any relevant foreign jurisdiction and shall be acceptable to the Sellers, for each Serviced Mortgage Loan where a Serviced Mortgagor under such Serviced Mortgage Loan is in bankruptcy as of the applicable Servicing Transfer Date.
