Common use of Release for Servicing Clause in Contracts

Release for Servicing. From time to time and as appropriate for the foreclosure or servicing of any of the Mortgage Loans, the Custodian is hereby authorized, upon written receipt from the Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 3, to release to the Servicer the related Custodial File or the documents set forth in such request and receipt to the Servicer. All documents so released to the Servicer shall be held by the Servicer in trust for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing Agreement. The Servicer shall return to the Custodian the Custodial File or other such documents when the Servicer's need therefor in connection with such foreclosure or servicing no longer exists, unless the Mortgage Loan shall be liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the Servicer to the Custodian in the form annexed hereto as Exhibit 3, the Servicer's request and receipt submitted pursuant to the first sentence of this Section 9 shall be released by the Custodian to the Servicer. The Servicer shall indemnify the Trust Fund and the Trustee and each of their officers, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or the retention of the Mortgage Loans and Custodial Files by the Servicer or any of its Affiliates; provided, however, the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination or resignation of the Trustee.

Release for Servicing. From time to time and as appropriate for the foreclosure enforcement or servicing of any of the Mortgage LoansTransferred Notes Receivable, the Collateral Custodian is hereby authorized, upon written receipt from the Servicer or Sub-Servicer on behalf of the Borrower, of a written request for release of documents and receipt in the form annexed hereto as Exhibit 3E, to release to the Servicer or Sub-Servicer the related Custodial File Note Receivable Documents or the documents set forth in such request and receipt to the Servicer or Sub-Servicer. All documents so released to the Servicer or Sub-Servicer on behalf of the Borrower shall be held by the Servicer or Sub-Servicer in trust for the benefit of the Trustee Borrower, the Agent and the Lender Group, with respect to their respective interests, in accordance with the terms of the Pooling and Servicing this Agreement. The Servicer or Sub-Servicer, on behalf of the Borrower, shall return to the Collateral Custodian the Custodial File Note Receivable Documents or other such documents when the Servicer's need therefor of Servicer or Sub-Servicer in connection with such foreclosure or servicing no longer exists, unless the Mortgage Loan Transferred Note Receivable shall be liquidated liquidated, in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the Servicer or Sub-Servicer to the Collateral Custodian in the form annexed hereto as Exhibit 3E, the Servicer's request and receipt submitted by Servicer or Sub-Servicer pursuant to the first sentence of this Section 9 4.09(c) shall be released by the Collateral Custodian to the Servicer. The Servicer shall indemnify the Trust Fund and the Trustee and each of their officers, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or Sub-Servicer. Notwithstanding anything in this Section 4.09(c) to the retention of contrary, in no event shall the Mortgage Loans and Custodial Files by Collateral Custodian release any Note Receivable Documents or part thereof to the Servicer or Sub-Servicer for any reason if the Collateral Custodian has received written notice from the Agent that an Event of its Affiliates; provided, however, Default has occurred and is continuing and that the Agent is instructing the Collateral Custodian to cease releasing documents to the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination or resignation of the TrusteeSub-Servicer.

Release for Servicing. From time to time and as appropriate for the foreclosure enforcement or servicing of any of the Mortgage LoansCollateral Debt Obligations, the Custodian Trustee is hereby authorized, upon written receipt from the Servicer on behalf of the Borrower, of a written request for release of documents and receipt Collateral Debt Obligation Files substantially in the form annexed hereto as Exhibit 3J, to release to the Servicer the related Custodial Collateral Debt Obligation File or the documents set forth in such request and receipt to the Servicer; provided, that notwithstanding the foregoing or any other provision of this Agreement, at any time following the occurrence of an Event of Default and upon its receipt of written instructions from the Administrative Agent, the Trustee shall cease releasing Collateral Debt Obligation Files to the Servicer without the prior consent of the Administrative Agent. All documents Collateral Debt Obligation Files so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Administrative Agent, the Trustee and the other Secured Parties, with respect to their respective interests, in accordance with the terms of the Pooling and Servicing this Agreement. The Servicer Servicer, on behalf of the Borrower, shall return to the Custodian Trustee the Custodial Collateral Debt Obligation File or other such documents when the Servicer's ’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Mortgage Loan Collateral Debt Obligation shall be liquidated liquidated, in which case, upon receipt of an additional request for release of documents Collateral Debt Obligation Files and receipt certifying certification as to such liquidation from the Servicer to the Custodian Trustee substantially in the form annexed hereto as Exhibit 3J, the Servicer's request and receipt submitted pursuant to the first sentence of this Section 9 such Collateral Debt Obligation File shall be released by the Custodian Trustee to the Servicer. The Servicer shall indemnify the Trust Fund and the Trustee and each of their officers, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or the retention of the Mortgage Loans and Custodial Files by the Servicer or any of its Affiliates; provided, however, the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination or resignation of the Trustee.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Mortgage Loans, the Custodian is hereby authorized, upon written receipt from the Master Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit EXHIBIT 3, to release to the Master Servicer the related Custodial File or the documents set forth in such request and receipt to the Master Servicer. All documents so released to the The Master Servicer shall be held by the Servicer in trust for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing Agreement. The Servicer promptly shall return to the Custodian the Custodial File or other such documents when the Master Servicer's need therefor in connection with such foreclosure or servicing no longer exists, unless the related Mortgage Loan shall be liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the Master Servicer to the Custodian in the form annexed hereto as Exhibit EXHIBIT 3, the Master Servicer's request and receipt submitted pursuant to the first sentence of this Section 9 8 shall be released by the Custodian to the Master Servicer. The Servicer shall indemnify Custodian shall, at the Trust Fund and written request of the Trustee and each of their officers, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses expense of any kind whatsoever that may be imposed onCertificateholder, incurred by or asserted against provide a written report to such Certificateholder of all Mortgage Files released to the Trust Fund or Master Servicer for servicing purposes. If the Trustee as a result Custodian fails to release the Custodial File within five (5) business days of receipt of the request for release of any Mortgage Loans or Custodial Files documents (subject to the Servicer or proviso below, the retention "Custodial Delivery Failure"), the Custodian, upon the written request of the Mortgage Loans Master Servicer, will provide the Master Servicer with a lost note affidavit and Custodial Files by indemnity (as described in the Servicer or any of its Affiliatesnext sentence); provided, however, that in the event (i) such Custodial File did not contain an original Mortgage Note and such exception was duly reported on the document exception report attached to the Trust Receipt and Initial Certification or (ii) such document is outstanding pursuant to a request for release made by the Trustee under Section 4(b) or the Master Servicer shall under Section 8, the Custodian will not be liable required to any of provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the foregoing Persons Trustee for any amount such Custodial Delivery Failure and any portion of any such amount actual costs, penalties or charges resulting from the willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination or resignation of the TrusteeDelivery Failure.

Release for Servicing. From time to time until a Notice of Default is delivered to a Responsible Officer of Custodian, and as appropriate for the foreclosure foreclosure, correction of document deficiencies, servicing or servicing Extension of any of the Mortgage Loans, the Custodian is hereby authorized, upon written receipt from the Servicer of a request Request for release of documents Release that has been acknowledged and receipt in the form annexed hereto as Exhibit 3agreed to by Purchaser, to release or cause to be released to Seller, Seller’s Authorized Representative or the Servicer the related Custodial Mortgage Loan File or the documents of the related Mortgage Loan File set forth in such request Request for Release for the purpose of correcting or completing such documents or servicing the related Mortgage Loan, and Custodian shall release or cause such release to occur within two (2) Business Days of receipt of such Request for Release. Notwithstanding the foregoing, upon delivery to a Responsible Officer of Custodian of written notice (which may be via electronic transmission) by Purchaser that the Servicernumber of Mortgage Loans as to which the related documents or Mortgage Loan Files are subject to a Request for Release pursuant to this Section 9 exceed five (5%) percent of the total number of Mortgage Loan Files held by Custodian hereunder on any date of determination, the Custodian shall not comply with any additional Request for Release unless it has been countersigned by Purchaser. All Any Mortgage Loan File or related documents so released that are delivered to a Person other than Seller or the Servicer shall at all times be held covered by the Servicer in trust or have obtained one or more Bailee Letters, true and complete copies of which shall be delivered to Purchaser (and Seller, if applicable). Seller shall send a copy of any such Request for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing AgreementRelease to Purchaser. The Servicer Any document released pursuant to a Request for Release under this Section 9 shall return be returned to the Custodian the Custodial File or other such documents when the Servicer's need therefor in connection with such foreclosure or servicing no longer existsexists (but in any event no later than fifteen (15) Business Days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated has been liquidated, in which case, upon receipt of Seller, Seller’s Authorized Representative or the Servicer shall deliver to Custodian an additional request Request for release of documents Release that has been acknowledged and receipt agreed to by Purchaser certifying such liquidation liquidation. Custodian shall notify Purchaser of any failure of any such document to be timely returned by delivery to Purchaser of a Shipped Report. All Mortgage Loan Files or documents from Mortgage Loan Files released by Custodian to Seller, Seller’s Authorized Representative or the Servicer to the Custodian in the form annexed hereto as Exhibit 3, the Servicer's request and receipt submitted pursuant to the first sentence of a Request for Release under this Section 9 shall be released held by the Custodian to the Servicer. The Servicer shall indemnify the Trust Fund such Person in trust separate and the Trustee and each of their officers, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or the retention of the Mortgage Loans and Custodial Files by the Servicer or any of its Affiliates; provided, however, the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting apart from the willful misfeasance, bad faith or negligence of such Person. The provisions ’s own documents and assets and for the exclusive benefit of this Section 9 shall survive the termination of this Custodial Agreement and the termination or resignation of the TrusteePurchaser.

Release for Servicing. From time to time and as appropriate for the foreclosure or servicing of any of the Mortgage Loans, the Custodian is hereby authorized, upon written receipt from the Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 3, to release to the Servicer the related Custodial File or the documents set forth in such request and receipt to the Servicer. All documents so released to the Servicer shall be held by the Servicer in trust for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing Agreement. The Servicer shall return to the Custodian the Custodial File or other such documents when the Servicer's ’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Mortgage Loan shall be liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the Servicer to the Custodian in the form annexed hereto as Exhibit 3, the Servicer's ’s request and receipt submitted pursuant to the first sentence of this Section 9 shall be released by the Custodian to the Servicer. The Servicer shall indemnify the Trust Fund and the Trustee and each of their officers, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or the retention of the Mortgage Loans and Custodial Files by the Servicer or any of its Affiliates; provided, however, the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination or resignation of the Trustee.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian is hereby authorizedshall, upon written receipt from the Servicer of a request Request for release Release of documents Documents and receipt Receipt in the form annexed of Exhibit 3 attached hereto as Exhibit 3(“Request for Release”), release or cause to release be released to the Servicer Seller or the Seller’s Authorized Representative the related Custodial Mortgage File or the documents of the related Mortgage File set forth in such request and receipt Request for Release. The Seller shall send a copy of any such Request for Release to the ServicerBuyer. All documents so Any document released to the Servicer Seller or the Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the Seller to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the Seller or, upon the Seller’s Written Instructions, the Seller’s Authorized Representative, pursuant to this Section 7 shall be held by the Servicer Seller or the Seller’s Authorized Representative, as applicable, in trust for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing AgreementBuyer. The Servicer Seller or the Seller’s Authorized Representative, as applicable, shall return to the Custodian the Custodial Mortgage File or other such documents from Mortgage Files when the Servicer's need therefor in connection with such foreclosure or servicing no longer existsexists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated liquidated, in which case, upon receipt of an additional request for release of the Seller or, if the Mortgage File or documents and receipt certifying such liquidation from were released to the Servicer Seller’s Authorized Representative, the Seller’s Authorized Representative shall deliver to the Custodian in an additional Request for Release that has been acknowledged and agreed to by the form annexed hereto as Exhibit 3Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from the Seller, the Servicer's request and receipt submitted pursuant Custodian shall return the related Request for Release to the first sentence of this Section 9 shall be released by the Custodian Seller, with a copy to the Servicer. The Servicer shall indemnify the Trust Fund and the Trustee and each of their officersBuyer, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or the retention of the Mortgage Loans and Custodial Files by the Servicer or any of its Affiliates; provided, however, the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence acknowledging receipt of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination Mortgage File or resignation of the Trusteeother such documents.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian is hereby authorizedshall, upon written receipt from the Servicer of a request Request for release Release of documents Documents and receipt Receipt in the form annexed of Exhibit 3 attached hereto as Exhibit 3("Request for Release"), release or cause to release be released to Sellers or the Servicer Sellers' Authorized Representative the related Custodial Mortgage File or the documents of the related Mortgage File set forth in such request and receipt Request for Release. Each Seller shall send a copy of any such Request for Release to the ServicerBuyer. Any document released to a Seller or such Seller's Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by a Seller to so return any such document. All Mortgage Files or documents so from Mortgage Files released by the Custodian to the Servicer a Seller or, upon such Seller's Written Instructions, such Seller's Authorized Representative, pursuant to this Section 7 shall be held by the Servicer a Seller or such Seller's Authorized Representative, as applicable, in trust for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing AgreementBuyer. The Servicer Each Seller or such Seller's Authorized Representative, as applicable, shall return to the Custodian the Custodial Mortgage File or other such documents from Mortgage Files when the Servicer's need therefor in connection with such foreclosure or servicing no longer existsexists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated liquidated, in which case, upon receipt of an additional request for release of a Seller or, if the Mortgage File or documents and receipt certifying were released to such liquidation from the Servicer Seller's Authorized Representative, such Seller's Authorized Representative shall deliver to the Custodian in an additional Request for Release that has been acknowledged and agreed to by the form annexed hereto as Exhibit 3Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from a Seller, the Servicer's request and receipt submitted pursuant Custodian shall return the related Request for Release to such Seller, with a copy to the first sentence of this Section 9 shall be released by the Custodian to the Servicer. The Servicer shall indemnify the Trust Fund and the Trustee and each of their officersBuyer, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or the retention of the Mortgage Loans and Custodial Files by the Servicer or any of its Affiliates; provided, however, the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence acknowledging receipt of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination Mortgage File or resignation of the Trusteeother such documents.

Release for Servicing. From time to time and as appropriate for the foreclosure or servicing of any of the Mortgage Loans, the Custodian is hereby authorizedshall, upon written receipt of two copies (or electronic receipt) from a Servicer or the Master Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 3, or such other form in electronic format acceptable to the Custodian, within five (5) Business Days release to such Servicer or the Servicer Master Servicer, as applicable, the related Custodial File or the documents set forth in such request and receipt to the Servicerrequest. All documents so released to such Servicer or the Master Servicer shall be held by the Servicer in trust by such Servicer or the Master Servicer for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing this Agreement. The Such Servicer or the Master Servicer shall return to the Custodian the Custodial File or other such documents when the Servicer's or Master Servicer's need therefor in connection with such foreclosure or servicing no longer exists, unless the Mortgage Loan shall be liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the Servicer to the Custodian in the form annexed hereto as Exhibit 3, or such other form acceptable to the Servicer's Custodian, the request and receipt submitted pursuant to the first sentence of this Section 9 7 shall be released by the Custodian to such Servicer or the Master Servicer. In connection with the related Servicer's processing of a payoff request for a Mortgage Loan, if required by such Servicer in order to calculate the prepayment penalties, if any, to be charged in connection with such payoff, such Servicer may submit a request for release of documents and receipt in the form annexed as Exhibit 3, with item (5) checked and stating that the Servicer requests a copy of the note rider or other document in the Custodial File describing the prepayment penalty. The Custodian will provide to such Servicer a facsimile (or other electronic copy) of the document so requested within 24 hours following the receipt of such request; provided that, if the Custodian receives more than twenty-five (25) such payoff requests on any single Business Day, the Custodian will use reasonable efforts to provide such requested documents as soon as practicable following receipt of such requests. In addition, from time to time and as requested by the Trustee, the Custodian is hereby authorized, upon written receipt of two copies (or electronic receipt) from the Trustee, of a request for release of documents in substantially the form annexed hereto as Exhibit 3, or such other form in electronic format acceptable to the Custodian, to release to the Trustee or its designee the related Custodial File or the documents set forth in such request. In order to facilitate the administration of certain customary servicing functions with respect to any Mortgage Loans for which the related Mortgage has been assigned to the Trustee as provided herein, the Trustee shall simultaneously with the execution and delivery of this Agreement, and thereafter from time to time upon request of the related Servicer, execute and deliver a reasonable number of originals of a limited power of attorney, appointing as attorney-in-fact either the Servicer or, at the Servicer's discretion, an agent of the Servicer, substantially in the form attached hereto as Exhibit 7. The Each Servicer shall indemnify the Trust Fund and Fund, the Trustee and each of their its officers, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the related Servicer's use or misuse of such power of attorney and/or the release of any Mortgage Loans or Custodial Files to the related Servicer or the retention of the Mortgage Loans and Custodial Files by the related Servicer or any of its Affiliates; provided, however, the related Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 9 7 shall survive the termination of this Custodial Agreement and and/or the termination or resignation of the Trusteerelated Servicer. The foregoing provisions respecting release to the related Servicer and the Master Servicer of the Custodial Files and documents by the Custodian upon request by the related Servicer or the Master Servicer shall be operative only to the extent that at any time the Custodian shall not have released to the related Servicer or the Master Servicer active Custodial Files or documents (including those requested) pertaining to more than two-hundred (200) Mortgage Loans at the time being held by the Custodian under this Agreement. Any additional Custodial Files or documents requested to be released by the related Servicer or the Master Servicer may be released only upon written authorization of the Company, which authorization shall not be unreasonably withheld. The limitations of this paragraph shall not apply to the release of Custodial Files to the related Servicer under Section 8 below. In addition to the foregoing releases, the Custodian shall, upon receipt of two copies (or electronic receipt) from the Seller a request for release in the form annexed hereto as Exhibit 3, or such other form in electronic format acceptable to the Custodian, within five (5) Business Days release to the Seller the assignment of mortgage referred to in Section 2(b) for each Mortgage Loan for purposes of submitting such assignment for recordation in accordance with Section 2.

Release for Servicing. From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian is hereby authorizedshall, upon written receipt from the Servicer of a request Request for release Release of documents Documents and receipt Receipt in the form annexed of Exhibit 3 attached hereto as Exhibit 3("Request for Release"), release or cause to release be released to the Servicer Sellers or the Sellers' Authorized Representative the related Custodial Mortgage File or the documents of the related Mortgage File set forth in such request and receipt Request for Release. The Sellers shall send a copy of any such Request for Release to the ServicerRegistered Holder. All documents so Any document released to the Servicer Sellers or the Sellers' Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 days from the date on such Request for Release, and the Custodian shall notify the Registered Holder of any failure by the Sellers to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the Sellers or, upon the Sellers' Written Instructions, the Sellers' Authorized Representative, pursuant to this Section 7, shall be held by the Servicer Sellers or the Sellers' Authorized Representative, as applicable, in trust for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing AgreementRegistered Holder. The Servicer Sellers or the Sellers' Authorized Representative, as applicable, shall return to the Custodian the Custodial Mortgage File or other such documents from Mortgage Files when the Servicer's need therefor in connection with such foreclosure or servicing no longer existsexists (but in any event no later than 10 days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated liquidated, in which case, upon receipt of an additional request for release of the Sellers or, if the Mortgage File or documents and receipt certifying such liquidation from were released to the Servicer Sellers' Authorized Representative, the Sellers' Authorized Representative shall deliver to the Custodian in an additional Request for Release that has been acknowledged and agreed to by the form annexed hereto as Exhibit 3Registered Holder certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from the Sellers, the Servicer's request and receipt submitted pursuant Custodian shall return the related Request for Release to the first sentence of this Section 9 shall be released by the Custodian Sellers, with a copy to the Servicer. The Servicer shall indemnify the Trust Fund and the Trustee and each of their officersRegistered Holder, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or the retention of the Mortgage Loans and Custodial Files by the Servicer or any of its Affiliates; provided, however, the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence acknowledging receipt (upon request) of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination Mortgage File or resignation of the Trusteeother such documents.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian is hereby authorizedshall, upon written receipt from the Servicer of a request Request for release Release of documents Documents and receipt Receipt in the form annexed of Exhibit 3 attached hereto as Exhibit 3(“Request for Release”), release or cause to release be released to Sellers or the Servicer Sellers’ Authorized Representative the related Custodial Mortgage File or the documents of the related Mortgage File set forth in such request and receipt Request for Release. Each Seller shall send a copy of any such Request for Release to the ServicerBuyer. Any document released to a Seller or such Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by a Seller to so return any such document. All Mortgage Files or documents so from Mortgage Files released by the Custodian to the Servicer a Seller or, upon such Seller’s Written Instructions, such Seller’s Authorized Representative, pursuant to this Section 7 shall be held by the Servicer a Seller or such Seller’s Authorized Representative, as applicable, in trust for the benefit of the Trustee in accordance with the terms of the Pooling and Servicing AgreementBuyer. The Servicer Each Seller or such Seller’s Authorized Representative, as applicable, shall return to the Custodian the Custodial Mortgage File or other such documents from Mortgage Files when the Servicer's need therefor in connection with such foreclosure or servicing no longer existsexists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated liquidated, in which case, upon receipt of an additional request for release of a Seller or, if the Mortgage File or documents and receipt certifying were released to such liquidation from the Servicer Seller’s Authorized Representative, such Seller’s Authorized Representative shall deliver to the Custodian in an additional Request for Release that has been acknowledged and agreed to by the form annexed hereto as Exhibit 3Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from a Seller, the Servicer's request and receipt submitted pursuant Custodian shall return the related Request for Release to such Seller, with a copy to the first sentence of this Section 9 shall be released by the Custodian to the Servicer. The Servicer shall indemnify the Trust Fund and the Trustee and each of their officersBuyer, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the release of any Mortgage Loans or Custodial Files to the Servicer or the retention of the Mortgage Loans and Custodial Files by the Servicer or any of its Affiliates; provided, however, the Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence acknowledging receipt of such Person. The provisions of this Section 9 shall survive the termination of this Custodial Agreement and the termination Mortgage File or resignation of the Trusteeother such documents.