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 such Servicer the related Custodial File or the documents set forth in such request and receipt to such Servicer. The Servicer promptly shall return to the Custodian the Custodial File or other such documents when the Servicer’s need therefor 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 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 8 shall be released by the Custodian to the Servicer. If the Custodian fails to release the Custodial File within three (3) business days of receipt of the request for release of documents, the Custodian, upon the written request of the Servicer, will provide the Servicer with a lost note affidavit and indemnity; provided, however, that in the event the 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, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described above.

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 such 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 Request for Release. Each Seller shall send a copy of any such Request for Release to the Buyer. 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 receipt the Custodian shall notify the Buyer of any failure by a Seller to so return any such Servicerdocument. The Servicer promptly All Mortgage Files or documents from Mortgage Files released by the Custodian to a Seller or, upon such Seller’s Written Instructions, such Seller’s Authorized Representative, pursuant to this Section 7 shall be held by a Seller or such Seller’s Authorized Representative, as applicable, in trust for the benefit of the Buyer. 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 servicing no longer existsexists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the related 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 the form annexed hereto as Exhibit 3, the Servicer’s request an additional Request for Release that has been acknowledged and receipt submitted pursuant agreed to the first sentence of this Section 8 shall be released by the Custodian to the ServicerBuyer certifying such liquidation. If the Custodian fails to release the Custodial File within three (3) business days of Upon receipt of the request for release of documents, the Custodian, upon the written request of the Servicer, will provide the Servicer with related Mortgage File or other such documents from a lost note affidavit and indemnity; provided, however, that in the event the 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 CertificationSeller, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to shall return the related Request for Release to such Seller, with a copy to the Buyer, acknowledging receipt of such Mortgage Files within the time frame described aboveFile or other such documents.

Release for Servicing. i. 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 Trustee of a request for release of documents and receipt in the form annexed hereto as Exhibit EXHIBIT 3, to release to such Servicer the Trustee the related Custodial File or the documents set forth in such request and receipt to such Servicerthe Trustee. The Servicer Trustee promptly shall return to the Custodian the Custodial File or other such documents when the Servicer’s Trustee's need therefor 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 Servicer Trustee to the Custodian in the form annexed hereto as Exhibit EXHIBIT 3, the Servicer’s Trustee's request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by the Custodian to the ServicerTrustee. ii. If DLJMC shall indemnify the Custodian fails to release 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 Custodial File within three (3) business days of receipt Custodian as a result of the request for release of documentsany Custodial Files to the Trustee; PROVIDED, the CustodianHOWEVER, upon the written request that DLJMC shall not be liable to any of the Servicer, will provide the Servicer with a lost note affidavit foregoing Persons for any amount and indemnity; provided, however, that in the event the Custodial File did not contain an original Mortgage Note and any portion of any such exception was duly reported on the document exception report attached to the Trust Receipt and Initial Certification, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges amount resulting from the failure willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 8(b) shall survive the Custodian to return the Mortgage Files within the time frame described abovetermination of this Custodial Agreement.

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 such Servicer the 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 to such ServicerRequest for Release. The Servicer promptly Seller shall send a copy of any such Request for Release to the Buyer. Any document released to the 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 Seller or the Seller’s Authorized Representative, as applicable, in trust for the benefit of the Buyer. The 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 servicing no longer existsexists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the related 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 the form annexed hereto as Exhibit 3, the Servicer’s request an additional Request for Release that has been acknowledged and receipt submitted pursuant agreed to the first sentence of this Section 8 shall be released by the Custodian to the ServicerBuyer certifying such liquidation. If the Custodian fails to release the Custodial File within three (3) business days of Upon receipt of the request for release of documents, related Mortgage File or other such documents from the Custodian, upon the written request of the Servicer, will provide the Servicer with a lost note affidavit and indemnity; provided, however, that in the event the 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 CertificationSeller, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to shall return the related Request for Release to the Seller, with a copy to the Buyer, acknowledging receipt of such Mortgage Files within the time frame described aboveFile or other such documents.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Mortgage LoansLoans or in connection with a sale of a group of Mortgage Loans by Seller to a third party investor, the Custodian is hereby authorized, upon receipt in written receipt from the Servicer form of a request Request for release of documents and receipt Release from Seller in the form annexed of Exhibit 2 attached hereto as Exhibit 3("Request for Release"), with respect to releases of more than files relating to fifteen (15) or more Mortgage Loans on any one date, with the written acknowledgement of the applicable Registered Holder and, if the Buyer is not the applicable Registered Holder at such time, the Buyer, release or cause to such Servicer be released to Seller or Seller's Authorized Representative the related Custodial Mortgage Loan File or the documents of the related Mortgage Loan File set forth in such request Request for Release; provided, that if the Mortgage Loan File is released to Seller or its designee for any purpose other than one of the reasons set forth for boxes 1-5 of Exhibit 2 attached hereto, Seller shall ensure that any document released to Seller or Seller's Authorized Representative pursuant to a Request for Release shall be returned to Custodian no later than ten (10) days from the date of such Request for Release. (b) All Mortgage Loan Files or documents of Mortgage Loan Files released by the Custodian to Seller or, at Seller's written direction, Seller's Authorized Representative pursuant to this Section 11 shall be held by Seller or Seller's Authorized Representative, as applicable, in trust for the benefit of the related Registered Holder unless and receipt until the related Mortgage Loan is liquidated and all related proceeds have been deposited into the Collection Account or the "Payoff Amount" is paid to such the Registered Holder. Seller or Seller's Authorized Representative or the Servicer. The Servicer promptly , as applicable, shall return to the Custodian Custodian, the Custodial Mortgage Loan File or other such documents of Mortgage Loan Files when the Servicer’s need therefor in connection with such foreclosure or servicing no longer existsexists (but in any event no later than ten (10) days from the date of such Request for Release), 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 Servicer to the Custodian in the form annexed hereto or sold as Exhibit 3, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by the Custodian to the Servicerprovided above. If the Custodian fails has previously released a Mortgage Loan File as documents for servicing under Section 11(a), and such Mortgage Loan is liquidated or required to release be sold, transferred or repurchased, Seller or, if the Custodial Mortgage Loan File within three or documents were released to Seller's Authorized Representative, Seller's Authorized Representative shall deliver to Custodian an additional Request for Release that has been acknowledged and agreed by the Buyer, with a copy to the Registered Holder, certifying such liquidation, sale or transfer. (3c) business days of receipt The Custodian shall keep a record of the request for release and return, if any, of documents, the Custodian, upon the written request any Mortgage Loan Files. Upon confirmation of the Servicerliquidation, will provide the Servicer with a lost note affidavit and indemnity; provided, however, that in the event the Custodial File did not contain an original sale or transfer of any Mortgage Note and such exception was duly reported on the document exception report attached to the Trust Receipt and Initial CertificationLoan, the Custodian will shall amend the related mortgage loan schedule included in the Exception Report to remove reference to such Mortgage Loan and deliver promptly such amended Mortgage Loan File to the Registered Holder and, if the Buyer is not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for Registered Holder at such time, the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described aboveBuyer.

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 related Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 3, to release to such Servicer the related Custodial File or the documents set forth in such request and receipt to such Servicer. The related Servicer promptly shall return to the Custodian the Custodial File or other such documents when the such Servicer’s need therefor no longer exists, unless the related Mortgage Loan shall be liquidated liquidated, in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the related Servicer to the Custodian in the form annexed hereto as Exhibit 3, the related Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by and the Custodian to shall have no further obligations in connection therewith. In the Servicer. If event that the Custodian fails to release produce a Mortgage Note, Assignment of Mortgage or any other document related to a Mortgage Loan that the Custodian was required to review, and was in its possession for purposes of review pursuant to this Custodial File Agreement, within three five (35) business days of receipt of Business Days after requested by a Servicer (a “Custodial Delivery Failure”), and provided, that (i) the Custodian previously delivered a Trust Receipt and Initial Certification with respect to such Mortgage Loan which did not list such document as an exception; and (ii) such document is not outstanding pursuant to a request for release of documentsdocuments and receipt in the form annexed hereto as Exhibit 3 or delivered pursuant to written directions of the Trustee under Section 4(b), then the Custodian shall (x) with respect to any missing Mortgage Note, promptly deliver to the Trustee, upon request, a Lost Note Affidavit in the form annexed hereto as Exhibit 6 and indemnify the Trust, its successors and assigns as set forth therein, and (y) with respect to any Assignment of Mortgage or other missing document related to a Mortgage Loan required to be reviewed but not identified as an exception or released or delivered as described in clause (ii) above, indemnify and hold harmless, from the Custodian’s own funds, the CustodianTrust for any and all liabilities, upon the written request obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of the Servicerany kind or nature whatsoever, will provide the Servicer with a lost note affidavit and indemnity; providedincluding, howeverwithout limitation, reasonable attorney’s fees, that may be imposed on, incurred by, or asserted against it or them in the event the any way relating to or arising out of such Custodial File did not contain an original Mortgage Note and such exception was duly reported on the document exception report attached Delivery Failure, in each case subject to the Trust Receipt and Initial Certification, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost first paragraph of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described aboveSection 25.

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 such 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 Request for Release. Each Seller shall send a copy of any such Request for Release to the Buyer. 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 receipt the Custodian shall notify the Buyer of any failure by a Seller to so return any such Servicerdocument. The Servicer promptly All Mortgage Files or documents from Mortgage Files released by the Custodian to a Seller or, upon such Seller's Written Instructions, such Seller's Authorized Representative, pursuant to this Section 7 shall be held by a Seller or such Seller's Authorized Representative, as applicable, in trust for the benefit of the Buyer. 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 servicing no longer existsexists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the related 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 the form annexed hereto as Exhibit 3, the Servicer’s request an additional Request for Release that has been acknowledged and receipt submitted pursuant agreed to the first sentence of this Section 8 shall be released by the Custodian to the ServicerBuyer certifying such liquidation. If the Custodian fails to release the Custodial File within three (3) business days of Upon receipt of the request for release of documents, the Custodian, upon the written request of the Servicer, will provide the Servicer with related Mortgage File or other such documents from a lost note affidavit and indemnity; provided, however, that in the event the 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 CertificationSeller, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to shall return the related Request for Release to such Seller, with a copy to the Buyer, acknowledging receipt of such Mortgage Files within the time frame described aboveFile or other such documents.

Release for Servicing. i. 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 EXHIBIT 3, to release to such the Servicer the related Custodial File or the documents set forth in such request and receipt to such the Servicer. The Servicer promptly shall return to the Custodian the Custodial File or other such documents when the Servicer’s 's need therefor 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 Servicer to the Custodian in the form annexed hereto as Exhibit EXHIBIT 3, the Servicer’s 's request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by the Custodian to the Servicer. ii. If DLJMC shall indemnify the Custodian fails to release 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 Custodial File within three (3) business days of receipt Custodian as a result of the request for release of documentsany Custodial Files to the Servicer; PROVIDED, the CustodianHOWEVER, upon the written request that DLJMC shall not be liable to any of the Servicer, will provide the Servicer with a lost note affidavit foregoing Persons for any amount and indemnity; provided, however, that in the event the Custodial File did not contain an original Mortgage Note and any portion of any such exception was duly reported on the document exception report attached to the Trust Receipt and Initial Certification, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges amount resulting from the failure willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 8(b) shall survive the Custodian to return the Mortgage Files within the time frame described abovetermination of this Custodial Agreement.

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 Master Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit EXHIBIT 3, to release to such the Master Servicer the related Custodial File or the documents set forth in such request and receipt to such the Master Servicer. The Master Servicer promptly shall return to the Custodian the Custodial File or other such documents when the Master Servicer’s 's need therefor 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 's request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by the Custodian to the Master Servicer. The Custodian shall, at the written request of the Trustee and expense of any Certificateholder, provide a written report to such Certificateholder of all Mortgage Files released to the Master Servicer for servicing purposes. If the Custodian fails to release the Custodial File within three five (35) business days of receipt of the request for release of documentsdocuments (subject to the proviso below, the "Custodial Delivery Failure"), the Custodian, upon the written request of the Master Servicer, will provide the Master Servicer with a lost note affidavit and indemnityindemnity (as described in the next sentence); provided, however, that in the event the (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 CertificationCertification or (ii) such document is outstanding pursuant to a request for release made by the Trustee under Section 4(b) or the Master Servicer under Section 8, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as such Custodial Delivery Failure and any actual costs, penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described abovesuch Custodial Delivery Failure.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Assets or in connection with a sale of a group of Mortgage LoansLoans by Sellers to a third party investor, the Custodian is hereby authorized, upon receipt in written receipt form of a Request for Release from the Servicer of a request for release of documents and receipt related Seller in the form annexed of Exhibit 2 attached hereto as Exhibit 3(“Request for Release”), with respect to releases of files relating to fifteen (15) or more Purchased Assets on any one date, with the written acknowledgement of the applicable Registered Holder and, if the Administrative Agent is not the applicable Registered Holder at such time, the Administrative Agent, release or cause to be released to such Servicer Seller or such Seller’s Authorized Representative the related Custodial Mortgage Loan File or the documents of the related Mortgage Loan File set forth in such request and receipt Request for Release; provided, that if the Mortgage Loan File is released to such Seller or its designee for any purpose other than one of the reasons set forth for boxes 1-5 of Exhibit 2 attached hereto, such Seller shall ensure that any document released to it or its Authorized Representative pursuant to a Request for Release shall be returned to Custodian no later than ten (10) days from the date of such Request for Release. (b) All Mortgage Loan Files or documents of Mortgage Loan Files released by the Custodian to Sellers or, at Sellers’ written direction, Sellers’ Authorized Representative pursuant to this Section 11 shall be held by Sellers or Sellers’ Authorized Representative, as applicable, in trust for the benefit of the related Registered Holder unless and until either such Mortgage Loan Files or documents of Mortgage Loan Files are returned by Sellers or Sellers’ Authorized Representative to the Custodian or the related Mortgage Loan is liquidated, sold or repurchased and all related proceeds have been paid to the Registered Holder, or following and during the continuance of an Event of Default under the Repurchase Agreement, deposited into the Collection Account. Sellers or Sellers’ Authorized Representative or the Servicer. The Servicer promptly , as applicable, shall return to the Custodian Custodian, the Custodial Mortgage Loan File or other such documents of Mortgage Loan Files when the Servicer’s need therefor in connection with servicing or such other purpose specified in box 6 of Exhibit 2 attached hereto no longer existsexists (but in any event no later than ten (10) days from the date of such Request for Release), unless the related Mortgage Loan shall be liquidated in which caseliquidated, 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 repurchased or sold as Exhibit 3, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by the Custodian to the Servicerprovided above. If the Custodian fails has previously released a Mortgage Loan File as documents for servicing under Section 11(a), and such Mortgage Loan is liquidated or required to release be sold, transferred or repurchased, Sellers or, if the Custodial Mortgage Loan File within three or documents were released to Sellers’ Authorized Representative, Sellers’ Authorized Representative shall deliver to Custodian an additional Request for Release that has been acknowledged and agreed by the Administrative Agent Registered Holder, certifying such liquidation, sale or transfer. (3c) business days of receipt The Custodian shall keep a record of the request for release and return, if any, of documents, the Custodian, upon the written request any Mortgage Loan Files. Upon confirmation of the Servicerliquidation, will provide the Servicer with a lost note affidavit and indemnity; provided, however, that in the event the Custodial File did not contain an original sale or transfer of any Mortgage Note and such exception was duly reported on the document exception report attached to the Trust Receipt and Initial CertificationLoan, the Custodian will shall amend the related mortgage loan schedule included in the Exception Report to remove reference to such Mortgage Loan and deliver promptly such amended Mortgage Loan Schedule to the Registered Holder and, if the Administrative Agent is not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for Registered Holder at such time, the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described aboveAdministrative Agent.

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 such Servicer the 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 to such ServicerRequest for Release. The Servicer promptly Sellers shall send a copy of any such Request for Release to the Registered Holder. Any document released to the 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 Sellers or the Sellers' Authorized Representative, as applicable, in trust for the benefit of the Registered Holder. The 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 related 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 the form annexed hereto as Exhibit 3, the Servicer’s request an additional Request for Release that has been acknowledged and receipt submitted pursuant agreed to the first sentence of this Section 8 shall be released by the Custodian to the ServicerRegistered Holder certifying such liquidation. If the Custodian fails to release the Custodial File within three (3) business days of Upon receipt of the request for release of documents, related Mortgage File or other such documents from the Custodian, upon the written request of the Servicer, will provide the Servicer with a lost note affidavit and indemnity; provided, however, that in the event the 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 CertificationSellers, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to shall return the related Request for Release to the Sellers, with a copy to the Registered Holder, acknowledging receipt (upon request) of such Mortgage Files within the time frame described aboveFile or other 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 Master Servicer, as applicable, the related Custodial File or the documents set forth in such request and receipt request. All documents so released to such ServicerServicer or the Master Servicer shall be held in trust by such Servicer or the Master Servicer for the benefit of the Trustee in accordance with the terms of this Agreement. The Such Servicer promptly or the Master Servicer shall return to the Custodian the Custodial File or other such documents when the Servicer’s 's or 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 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 8 7 shall be released by the Custodian to such Servicer or the Master Servicer. If In connection with the Custodian fails related Servicer's processing of a payoff request for a Mortgage Loan, if required by such Servicer in order to release calculate the Custodial File within three (3) business days of receipt of the prepayment penalties, if any, to be charged in connection with such payoff, such Servicer may submit a request for release of documentsdocuments 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 written request 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, will provide substantially in the form attached hereto as Exhibit 7. Each Servicer with shall indemnify the Trust Fund, the Trustee and 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 lost note affidavit 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 indemnityCustodial Files by the related Servicer or any of its Affiliates; provided, however, that in the event 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 7 shall survive the termination of this Agreement and/or the termination or resignation of the related Servicer. The foregoing provisions respecting release to the related Servicer and the Master Servicer of the Custodial File did not contain an original Mortgage Note Files and such exception was duly reported on documents by the document exception report attached Custodian upon request by the related Servicer or the Master Servicer shall be operative only to the Trust Receipt and Initial Certificationextent 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 will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost shall, upon receipt of the file, as well as any actual penalties two copies (or charges resulting electronic receipt) from the failure 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 the Custodian mortgage referred to return the in Section 2(b) for each Mortgage Files within the time frame described aboveLoan 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 enforcement or servicing of any Loan Asset (including for the purposes of correcting non-compliance of any Loan Asset with the Mortgage LoansReview Criteria), the Collateral Custodian is hereby authorizedauthorized (unless and until such authorization is revoked by the Administrative Agent (acting at the direction of the Majority Lenders)), upon written receipt from the Portfolio Asset Servicer of a request for release of documents and receipt in the form annexed hereto as of Exhibit 3F (which, in the case of correcting non-compliance of any Loan Asset with the Review Criteria or if necessary in connection with a repayment of the applicable Loan Asset, shall be delivered at the instruction of the Borrower), to release to the Portfolio Asset Servicer, the Borrower or a Subsidiary Guarantor, as applicable, within two Business Days of receipt of such Servicer request, the related Custodial Loan Asset File or the documents set forth in such request and receipt request. All documents so released to the Portfolio Asset Servicer, the Borrower or such ServicerSubsidiary Guarantor, as applicable, shall be held by it in trust for the benefit of the Administrative Agent, on behalf of the Secured Parties, in accordance with the terms of this Agreement. The Portfolio Asset Servicer promptly (or the Borrower or such Subsidiary Guarantor, as applicable) shall return to the Collateral Custodian the Custodial such Loan Asset File or other such documents (i) promptly upon the request of the Administrative Agent (acting at the direction of the Initial Lender) or (ii) when the Portfolio Asset Servicer’s (or the Borrower’s or such Subsidiary Guarantor’s) need therefor in connection with such enforcement or servicing no longer existsexists (but in no event longer than 20 calendar days) following receipt thereof or, if such day is not a Business Day, on the immediately preceding Business Day, or such additional period of time as the Administrative Agent (at the direction of the Initial Lender) agrees in its sole discretion, unless the related Mortgage Loan shall be liquidated Asset is liquidated, in which case, upon receipt of the Portfolio Asset Servicer shall deliver an additional request for release of documents to the Collateral Custodian and receipt certifying such liquidation from the Portfolio Asset Servicer to the Custodian Administrative Agent, all in the form annexed hereto as of Exhibit 3, F. All Electronic Loan Asset Files in the ServicerCollateral Custodian’s request and receipt submitted possession that are requested for release pursuant to the first sentence of this Section 8 shall section for a permanent reason will be released by the Custodian to the Servicer. If the Custodian fails to release the Custodial File within three (3) business days of receipt of the request for release of documents, the Custodian, upon the written request of the Servicer, will provide the Servicer with a lost note affidavit removed and indemnity; provided, however, that in the event the 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, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting deleted from the failure Collateral Custodian’s electronic storage facilities in accordance with the Collateral Custodian’s customary retention and purging policies and procedures of the Custodian to return the Mortgage Files within the time frame described aboveelectronic files and data.

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 such 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 such Servicer. The Servicer promptly shall return a Responsible Officer of Custodian of written notice (which may be via electronic transmission) by Purchaser that the number 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 the Custodial shall not comply with any additional Request for Release unless it has been countersigned by Purchaser. Any Mortgage Loan File or related documents that are delivered to a Person other than Seller or the Servicer shall at all times be covered by 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 documents Request for Release to Purchaser. Any document released pursuant to a Request for Release under this Section 9 shall be returned to Custodian 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 related 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 Release that has been acknowledged and agreed to by Purchaser certifying such 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 pursuant to a Request for Release under this Section 9 shall be held by such Person in trust separate and apart from such Person’s own documents and receipt certifying such liquidation from the Servicer to the Custodian in the form annexed hereto as Exhibit 3, the Servicer’s request assets and receipt submitted pursuant to the first sentence of this Section 8 shall be released by the Custodian to the Servicer. If the Custodian fails to release the Custodial File within three (3) business days of receipt of the request for release of documents, the Custodian, upon the written request of the Servicer, will provide the Servicer with a lost note affidavit and indemnity; provided, however, that in the event the 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, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost exclusive benefit of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described abovePurchaser.

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 authorized, 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 2 attached hereto as Exhibit 3("Request for Release"), with a copy to ------------------- the applicable Registered Holder and, if Buyer is not the applicable Registered Holder at such time, Buyer, to release or cause to such Servicer be released to the 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; provided, that any document released to such Servicer. The Servicer promptly shall return Seller or Seller's Authorized Representative pursuant to the Custodian the Custodial File or other such documents when the Servicer’s need therefor no longer exists, unless the related Mortgage Loan a Request for Release shall be liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation returned to Custodian no later than thirty (30) days 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 date on such Request for Release. (b) All Mortgage Files or documents of this Section 8 shall be Mortgage Files released by the Custodian to the Servicer. If Seller or, at the Custodian fails Seller's written direction, the Seller's Authorized Representative pursuant to release this Section 9 shall be held by the Custodial File within three (3) business days of receipt Seller or the Seller's Authorized Representative, as applicable, in trust for the benefit of the request for release of documentsrelated Registered Holder. The Seller or the Seller's Authorized Representative, as applicable, shall return to the Custodian, upon the written request Mortgage File or other such documents of Mortgage Files when the Servicerneed therefor in connection with such foreclosure or servicing no longer exists (but in any event no later than thirty (30) days from the date on such Request for Release), will provide unless the Servicer Mortgage Loan shall be liquidated, in which case, the Seller or, if the Mortgage File or documents were released to the Seller's Authorized Representative, the Seller's Authorized Representative shall deliver to Custodian an additional Request for Release that has been acknowledged and agreed by Buyer, with a lost note affidavit and indemnity; provided, however, that in the event the Custodial File did not contain an original Mortgage Note and such exception was duly reported on the document exception report attached copy to the Trust Receipt and Initial CertificationRegistered Holder, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described above.certifying such

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 applicable Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 34, to release to such the related Servicer the related Custodial Mortgage File or the documents set forth in such request and receipt to such Servicerreceipt. The applicable Servicer shall promptly shall return to the Custodian the Custodial Mortgage File or other such documents when the related Servicer’s need therefor 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 applicable Servicer to the Custodian in the form annexed hereto as Exhibit 34, the applicable Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by the Custodian to the applicable Servicer. If the Custodian fails to release the Custodial Mortgage File within three five (35) business days of receipt of the request for release of documents, the Custodian, upon the written request of the applicable Servicer, will provide the Applicable Servicer with a lost note affidavit and indemnity; provided, however, that in the event the Custodial such Mortgage 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 Certificationinterim certification, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Servicer and the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described above.

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 related Servicer of a request for release of documents and receipt in the form annexed hereto as Exhibit 3, to release to such Servicer the related Custodial File or the documents set forth in such request and receipt to such Servicer. The related Servicer promptly shall return to the Custodian the Custodial File or other such documents when the such Servicer’s need therefor no longer exists, unless the related Mortgage Loan shall be liquidated liquidated, in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the related Servicer to the Custodian in the form annexed hereto as Exhibit 3, the related Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by and the Custodian to shall have no further obligations in connection therewith. In the Servicer. If event that the Custodian fails to release produce a Mortgage Note, Assignment of Mortgage or any other document related to a Mortgage Loan that the Custodian was required to review, and was in its possession for purposes of review pursuant to this Custodial File Agreement, within three five (35) business days of receipt of Business Days after requested by a Servicer (a “Custodial Delivery Failure”), and provided, that (i) the Custodian previously delivered a Trust Receipt and Initial Certification with respect to such Mortgage Loan which did not list such document as an exception; and (ii) such document is not outstanding pursuant to a request for release of documentsdocuments and receipt in the form annexed hereto as Exhibit 3 or delivered pursuant to written directions of the Trustee under Section 4(c), then the Custodian shall (x) with respect to any missing Mortgage Note, promptly deliver to the Trustee, upon request, a Lost Note Affidavit in the form annexed hereto as Exhibit 6 and indemnify the Trust, its successors and assigns as set forth therein, and (y) with respect to any Assignment of Mortgage or other missing document related to a Mortgage Loan required to be reviewed but not identified as an exception or released or delivered as described in clause (ii) above, indemnify and hold harmless, from the Custodian’s own funds, the CustodianTrust and the applicable Servicer for any and all liabilities, upon the written request obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of the Servicerany kind or nature whatsoever, will provide the Servicer with a lost note affidavit and indemnity; providedincluding, howeverwithout limitation, reasonable attorney’s fees, that may be imposed on, incurred by, or asserted against them in the event the any way relating to or arising out of such Custodial File did not contain an original Mortgage Note and such exception was duly reported on the document exception report attached Delivery Failure, in each case subject to the Trust Receipt and Initial Certification, the Custodian will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Trustee for the reasonable replacement cost first paragraph of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the Mortgage Files within the time frame described aboveSection 26.