of the Custodial Agreement. The Trust hereby acknowledges and agrees to the terms of the Custodial Agreement.
of the Custodial Agreement. Capitalized words and phrases used herein shall have the meanings assigned to them in the above-captioned Custodial Agreement. TEXAS COMMERCE BANK NATIONAL ASSOCIATION By:________________________________ Name: Title: EXHIBIT TWO TO THE CUSTODIAL AGREEMENT -------------------------------------- FORM OF CUSTODIAN FINAL CERTIFICATION [Date] Salomon Brothers Mortgage Securities VII, Inc. Seven Xxxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: ___________________ [Trustee] Re: Custodial Agreement, dated December 13, 1996, among Salomon Brothers Mortgage VII, Securities Inc., Long Beach Mortgage Company, Norwest Bank Minnesota, N.A., and Texas Commerce Bank National Association Asset-Backed Floating Rate Certificates, Series 1996-LB1 --------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.2 of the above-captioned Custodial Agreement, the undersigned, as Custodian, hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on the attachment hereto), it has received:
of the Custodial Agreement. Capitalized words and phrases used herein shall have the meanings assigned to them in the above-captioned Custodial Agreement. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION By: -------------------------------- Name: Title: EXHIBIT TWO TO THE CUSTODIAL AGREEMENT -------------------------------------- FORM OF CUSTODIAN FINAL CERTIFICATION [Date] Salomon Brothers Mortgage Norwest Bank Minnesota, National Association Securities VII, Inc. Sixth Street and Marquette Avenue 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Xxx Xxxx, Xxx Xxxx 00000 Xxxx Xxxxx Mortgage Company 0000 Xxxx & Xxxxxxx Xxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxxxx 00000 Re: Custodial Agreement, dated as of June 1, 1999, among Salomon Brothers Mortgage Securities VII, Inc., Norwest Bank Minnesota, N.A. and Chase Bank of Texas, National Association Floating Rate Mortgage Pass-Through Certificates, Series 1999-LB1 ---------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.2 of the above-captioned Custodial Agreement, the undersigned, as Custodian, hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on the attachment hereto), it has received:
of the Custodial Agreement. The Master Servicer agrees to indemnify the Trustee from, and hold it harmless against, any loss, liability or expense resulting from a breach of the Master Servicer's obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the Trustee. Any payment hereunder made by the Master Servicer to the Trustee shall be from the Master Servicer's own funds, without reimbursement from REMIC I therefor. The Trustee shall pay any annual rating agency fees of Xxxxx'x and S&P for ongoing surveillance from its own funds without right of reimbursement.
of the Custodial Agreement. Capitalized words and phrases used herein shall have the meanings assigned to them in the above-captioned Custodial Agreement. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION By: --------------------------------- Name: Title: EXHIBIT TWO TO THE CUSTODIAL AGREEMENT -------------------------------------- FORM OF CUSTODIAN INTERIM CERTIFICATION November __, 1999 Salomon Brothers Mortgage Securities VII, Inc. 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Ameriquest Mortgage Company 0000 Xxxx & Xxxxxxx Xxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxxxx 00000 Norwest Bank Minnesota, National Association Xxxxx Xxxxxx xxx Xxxxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Re: Custodial Agreement, dated as of November 1, 1999, among Salomon Brothers Mortgage Securities VII, Inc., Ameriquest Mortgage Company, Norwest Bank Minnesota, N.A. and Chase Bank of Texas, National Association Floating Rate Mortgage Pass-Through Certificates, Series 1999-AQ2 -------------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.2 of the above-referenced Custodial Agreement, the undersigned, as Custodian, hereby certifies, subject to the exceptions noted on the attached report, that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report as not being covered by this certification), it has reviewed the Mortgage File and determined that (i) all documents constituting part of such Mortgage File (other than such documents described in Section 2.1(e)) required to be delivered to it pursuant to the Custodial Agreement are in its possession, (ii) such documents have been reviewed by it and appear regular on their face and relate to such Mortgage Loan, (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (i) through (iii), (vi), (ix), (x), (xiii), (xv), and (xvii) through (xx) of the definition of "Mortgage Loan Schedule" in the Pooling and Servicing Agreement accurately reflects information set forth in the Mortgage File.
of the Custodial Agreement. The Borrower hereby agrees to deposit into the Disbursement Account any shortfall created to the extent that any Advance made by the Lender is less than the amount of the payments required to be made to Settlement Agents.
of the Custodial Agreement. The Issuer's payment obligations to the Indenture Trustee pursuant to this Section 6.07 shall survive the discharge of this Indenture. When the Indenture Trustee incurs expenses after the occurrence of an Event of Default with respect to the Issuer, the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar law.
of the Custodial Agreement. Upon replacement of Exhibit A with an updated Contract Summary Report by Custodian, and without the need for any further action or authorization by Custodian, this Trust Receipt shall be deemed to include such updated Contract Summary Report. BNY Midwest Trust Company, as Custodian, makes no representations as to (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any of the Custodial Contract Files, or (ii) the collectibility, insurability, effectiveness or suitability of any such Custodial Contract Files. BNY MIDWEST TRUST COMPANY, as Custodian By:_________________________________ Name:_______________________________ Title:______________________________ REVIEW CRITERIA FOR CUSTODIAN PART I With respect to each Pledged Contract that is part of the Initial Pool, the Custodian shall review the documents and files described below to confirm that each of the following statements is true:
of the Custodial Agreement. Unless the Seller shall ------------ receive written notice from the Custodian advising Seller that the Administrator and Subordinated Purchaser have waived any such deficiency, Seller shall remedy the noted deficiency before the related Purchase Date or the related Receivable with respect to such deficient Contract File shall not constitute an Eligible Receivable.
of the Custodial Agreement. 1 Gladstone to fill in the list of each Loan Document granting a Lien on the Collateral for such Loan, as described in Section 2(a)(iii). The Custodian makes no representations as to, and shall not be responsible to verify, (i) the validity, legality, enforceability, due authorization, recordability, sufficiency, or genuineness of any of the documents contained in each Loan File, including, without limitation, such promissory notes or (ii) the collectability, insurability, effectiveness or suitability of any such Loan. The Custodian hereby confirms that it is holding each promissory note and other document as the agent and bailee of, and custodian for, and for the exclusive use and benefit of, the Administrative Agent. This Primary Document Trust Receipt shall be supplemented by the issuance of a subsequent Trust Receipt with respect to the Loans referenced on the attached Loan Schedule. THE BANK OF NEW YORK TRUST COMPANY, N.A., not in its individual capacity, but solely as Custodian By: Name: Title: Annex 2-B to Custodial Agreement TRUST RECEIPT Deutsche Bank AG, New York Branch 00 Xxxx Xxxxxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xx Facsimile No.: (000) 000-0000 Confirmation No.: (000) 000-0000 , 20 Re: Custodial Agreement, dated as of October 19, 2006 (the “Custodial Agreement”) among Gladstone Business Investment LLC, Gladstone Management Corporation, Gladstone Investment Corporation, The Bank of New York Trust Company, N.A. and Deutsche Bank AG, New York Branch (the “Administrative Agent”).
