Common use of Release of Documents and Instruments of Satisfaction Clause in Contracts

Release of Documents and Instruments of Satisfaction. The Trustee (or any Custodian appointed by the Trustee) may, subject to the terms hereof, upon receipt of a Request for Release and Receipt of Documents provided by any Servicer substantially in the form set forth on Exhibit Y, release to such Servicer the related Mortgage Loan File or the documents from a Mortgage Loan File set forth in such request. Each Servicer acknowledges that during all times that any Mortgage Loan File or any contents thereof are in the physical possession of such Servicer, such Mortgage Loan File and the documents contained therein shall be held by the Servicer in trust for the benefit of the Certificateholders. Subject to any state law requirement or court order, each Servicer hereby agrees to return to the Trustee or, if the Trustee is not the Custodian, the Custodian each and every document previously requested from the Mortgage Loan File when such Servicer's need therefor in connection with such foreclosure or servicing no longer exists, unless the related Mortgage Loan shall be liquidated or paid in full, in which case, upon receipt of the Request for Release and Receipt of Documents from either Servicer, the Custodian may release the related Servicer's prior request form, together with all other documents still retained by the Custodian with respect to such Mortgage Loan, to such Servicer. Upon receipt of the payment in full of any Mortgage Loan, or upon the receipt by the Master Servicer or Special Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, such Servicer shall promptly deliver to the Trustee or, if the Trustee is not the Custodian, the Custodian a Request for Release and Receipt of Documents substantially in the form set forth on Exhibit S requesting delivery to such Servicer of the Mortgage Loan File for such Mortgage Loan and indicating that all amounts received in connection with such payment that are required to be deposited in the Collection Account pursuant to Section 4.02 hereof have been or will be so deposited. The Master Servicer and the Special Servicer (the latter, with a copy to the Master Servicer) shall forward to the Trustee or, if the Trustee is not the Custodian, the Custodian original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into by such Servicer in accordance with this Agreement within ten (10) Business Days of the execution thereof and the delivery of such instrument to such Servicer; provided, however, that such Servicer may, in lieu thereof, provide the Trustee or, if the Trustee is not the Custodian, the Custodian with a certified true copy of any such document submitted for recordation within five (5) Business Days of its execution, in which event such Servicer shall provide the Trustee or, if the Trustee is not the Custodian, the Custodian with the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the recorded original within five (5) Business Days of receipt thereof by such Servicer. Upon any payment in full of a Mortgage Loan, the Master Servicer or Special Servicer may execute an instrument of satisfaction regarding the related Mortgage and any other related Mortgage Loan Documents, which instruments of satisfaction shall be recorded by such Servicer if required by applicable law and shall be delivered to the Person entitled thereto, it being understood and agreed that all reasonable expenses incurred by such Servicer in connection with such instruments of satisfaction shall be deemed a Servicing Advance, which shall be reimbursed pursuant to the terms of this Agreement, but solely to the extent not otherwise chargeable to and paid by the related Mortgagor. Such Servicer shall notify the Trustee of an instrument of satisfaction described above as soon as practicable.

Release of Documents and Instruments of Satisfaction. The Indenture Trustee (or any Custodian appointed by the Trustee) may, subject to the terms hereof, upon receipt of a Request for Release and Receipt of Documents provided by any Servicer substantially in the form set forth on Exhibit YB, release to such Servicer the related Mortgage Loan File or the documents from a Mortgage Loan File set forth in such request. Each Servicer acknowledges that during all times that any Mortgage Loan File or any contents thereof are in the physical possession of such Servicer, such Mortgage Loan File and the documents contained therein shall be held by the Servicer in trust for the benefit of the CertificateholdersServicer. Subject to any state law Law requirement or court order, each Servicer hereby agrees to return to the Indenture Trustee or, if the Trustee is not the Custodian, the Custodian each and every document previously requested from the Mortgage Loan File when such Servicer's need therefor in connection with such foreclosure or servicing no longer exists, unless the related Mortgage Loan shall be liquidated or paid in full, in which case, upon receipt of the Request for Release and Receipt of Documents from either Servicer, the Custodian Indenture Trustee may release the related Servicer's prior request form, together with all other documents still retained by the Custodian Indenture Trustee with respect to such Mortgage Loan, to such Servicer. Upon receipt of the payment in full of any Mortgage Loan, or upon the receipt by the Master Servicer or Special Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, such Servicer shall promptly deliver to the Indenture Trustee or, if the Trustee is not the Custodian, the Custodian a Request for Release and Receipt of Documents substantially in the form set forth on Exhibit S requesting delivery to such Servicer of the Mortgage Loan File for such Mortgage Loan and indicating that all amounts received in connection with such payment that are required to be deposited in the Collection Account pursuant to Section 4.02 hereof have been or will promptly be so deposited. The Master Servicer and the Special Servicer (the latter, with a copy to the Master Servicer) shall forward to the Indenture Trustee or, if the Trustee is not the Custodian, the Custodian original documents evidencing an the assumption, modification, consolidation or extension of any Mortgage Loan entered into by such Servicer in accordance with this Servicing Agreement within ten (10) Business Days of the execution thereof and the delivery of such instrument to such Servicer; provided, however, that such Servicer may, in lieu thereof, provide the Indenture Trustee or, if the Trustee is not the Custodian, the Custodian with a certified true copy of any such document submitted for recordation within five ten (510) Business Days of its execution, in which event such Servicer shall provide the Indenture Trustee or, if the Trustee is not the Custodian, the Custodian with the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the recorded original within five ten (510) Business Days of receipt thereof by such Servicer. Upon any payment in full of a Mortgage Loan, the Master Servicer or Special Servicer may execute an instrument of satisfaction regarding the related Mortgage and any other related Mortgage Loan Documents, which instruments of satisfaction shall be recorded by such Servicer if required by applicable law Law and shall be delivered to the Person entitled thereto, it being understood and agreed that all reasonable expenses incurred by such Servicer in connection with such instruments of satisfaction shall be deemed a Servicing Property Protection Advance, which shall be reimbursed pursuant to the terms of this Servicing Agreement, but solely to the extent not otherwise chargeable to and paid by the related Mortgagor. Such Servicer shall notify the Indenture Trustee of an instrument of satisfaction described above as soon as practicable.

Release of Documents and Instruments of Satisfaction. The Trustee (or any Custodian appointed by the Trustee) may, subject to the terms hereof, upon receipt of a Request for Release and Receipt of Documents provided by any Servicer substantially in the form set forth on Exhibit Y, release to such Servicer the related Mortgage Loan File or the documents from a Mortgage Loan File set forth in such request. Each Servicer acknowledges that during all times that any Mortgage Loan File or any contents thereof are in the physical possession of such Servicer, such Mortgage Loan File and the documents contained therein shall be held by the Servicer in trust for the benefit of the Certificateholders. Subject to any state law requirement or court order, each Servicer hereby agrees to return to the Trustee or, if the Trustee is not the Custodian, the Custodian each and every document previously requested from the Mortgage Loan File when such Servicer's need therefor in connection with such foreclosure or servicing no longer exists, unless the related Mortgage Loan shall be liquidated or paid in full, in which case, upon receipt of the Request for Release and Receipt of Documents from either Servicer, the Custodian Trustee may release the related Servicer's prior request form, together with all other documents still retained by the Custodian Trustee with respect to such Mortgage Loan, to such Servicer. Upon receipt of the payment in full of any Mortgage Loan, or upon the receipt by the Master Servicer or Special Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, such Servicer shall promptly deliver to the Trustee or, if the Trustee is not the Custodian, the Custodian a Request for Release and Receipt of Documents substantially in the form set forth on Exhibit S requesting delivery to such Servicer of the Mortgage Loan File for such Mortgage Loan and indicating that all amounts received in connection with such payment that are required to be deposited in the Collection Account pursuant to Section 4.02 hereof have been or will be so deposited. The Master Servicer and the Special Servicer (the latter, with a copy to the Master Servicer) shall forward to the Trustee or, if the Trustee is not the Custodian, the Custodian original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into by such Servicer in accordance with this Agreement within ten (10) Business Days of the execution thereof and the delivery of such instrument to such Servicer; provided, however, that such Servicer may, in lieu thereof, provide the Trustee or, if the Trustee is not the Custodian, the Custodian with a certified true copy of any such document submitted for recordation within five (5) Business Days of its execution, in which event such Servicer shall provide the Trustee or, if the Trustee is not the Custodian, the Custodian with the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the recorded original within five (5) Business Days of receipt thereof by such Servicer. Upon any payment in full of a Mortgage Loan, the Master Servicer or Special Servicer may execute an instrument of satisfaction regarding the related Mortgage and any other related Mortgage Loan Documents, which instruments of satisfaction shall be recorded by such Servicer if required by applicable law and shall be delivered to the Person entitled thereto, it being understood and agreed that all reasonable expenses incurred by such Servicer in connection with such instruments of satisfaction shall be deemed a Servicing Advance, which shall be reimbursed pursuant to the terms of this Agreement, but solely to the extent not otherwise chargeable to and paid by the related Mortgagor. Such Servicer shall notify the Trustee of an instrument of satisfaction described above as soon as practicable.

Release of Documents and Instruments of Satisfaction. The Trustee (or any Custodian appointed by the Trustee) may, subject to the terms hereof, upon receipt of a Request for Release and Receipt of Documents provided by any Servicer substantially in the form set forth on Exhibit YB, release to such Servicer the related Mortgage Loan File or the documents from a Mortgage Loan File set forth in such request. Each Servicer acknowledges that during all times that any Mortgage Loan File or any contents thereof are in the physical possession of such Servicer, such Mortgage Loan File and the documents contained therein shall be held by the Servicer in trust for the benefit of the CertificateholdersServicer. Subject to any state law requirement or court order, each Servicer hereby agrees to return to the Trustee or, if the Trustee is not the Custodian, the Custodian each and every document previously requested from the Mortgage Loan File when such Servicer's need therefor in connection with such foreclosure or servicing no longer exists, unless the related Mortgage Loan shall be liquidated or paid in full, in which case, upon receipt of the Request for Release and Receipt of Documents from either Servicer, the Custodian Trustee may release the related Servicer's prior request form, together with all other documents still retained by the Custodian Trustee with respect to such Mortgage Loan, to such Servicer. Upon receipt of the payment in full of any Mortgage Loan, or upon the receipt by the Master Servicer or Special Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, such Servicer shall promptly deliver to the Trustee or, if the Trustee is not the Custodian, the Custodian a Request for Release and Receipt of Documents substantially in the form set forth on Exhibit S B requesting delivery to such Servicer of the Mortgage Loan File for such Mortgage Loan Loan. In connection therewith, such Servicer shall deliver to the Trustee a Request for Release and Receipt of Documents indicating that all amounts received in connection with such payment that are required to be deposited in the Collection Account pursuant to Section 4.02 hereof have been or will be so deposited. The Master Servicer and the Special Servicer (the latter, with a copy to the Master Servicer) shall forward to the Trustee or, if the Trustee is not the Custodian, the Custodian original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into by such Servicer in accordance with this Agreement within ten (10) Business Days of the execution thereof and the delivery of such instrument to such Servicer; provided, however, that such Servicer may, in lieu thereof, provide the Trustee or, if the Trustee is not the Custodian, the Custodian with a certified true copy of any such document submitted for recordation within five (5) Business Days of its execution, in which event such Servicer shall provide the Trustee or, if the Trustee is not the Custodian, the Custodian with the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the recorded original within five (5) Business Days of receipt thereof by such Servicer. Upon any payment in full of a Mortgage Loan, the Master Servicer or Special Servicer may execute an instrument of satisfaction regarding the related Mortgage and any other related Mortgage Loan Documents, which instruments of satisfaction shall be recorded by such Servicer if required by applicable law and shall be delivered to the Person entitled thereto, it being understood and agreed that all reasonable expenses incurred by such Servicer in connection with such instruments of satisfaction shall be deemed a Servicing Advance, which shall be reimbursed pursuant to the terms of this Agreement, but solely to the extent not otherwise chargeable to and paid by the related Mortgagor. Such Servicer shall notify the Trustee of an instrument of satisfaction described above as soon as practicable.

Release of Documents and Instruments of Satisfaction. The Trustee (or any Custodian appointed by the Trustee) may, subject to the terms hereof, upon receipt of a Request for Release and Receipt of Documents provided by any Servicer substantially in the form set forth on Exhibit Y, release to such Servicer the related Mortgage Loan File or the documents from a Mortgage Loan File set forth in such request. Each Servicer acknowledges that during all times that any Mortgage Loan File or any contents thereof are in the physical possession of such Servicer, such Mortgage Loan File and the documents contained therein shall be held by the Servicer in trust for the benefit of the Certificateholders. Subject to any state law requirement or court order, each Servicer hereby agrees to return to the Trustee or, if the Trustee is not the Custodian, the Custodian each and every document previously requested from the Mortgage Loan File when such Servicer's need therefor in connection with such foreclosure or servicing no longer exists, unless the related Mortgage Loan shall be liquidated or paid in full, in which case, upon receipt of the Request for Release and Receipt of Documents from either Servicer, the Custodian Trustee may release the related Servicer's prior request form, together with all other documents still retained by the Custodian Trustee with respect to such Mortgage Loan, to such Servicer. Upon receipt of the payment in full of any Mortgage Loan, or upon the receipt by the Master Servicer or Special Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, such Servicer shall promptly deliver to the Trustee or, if the Trustee is not the Custodian, the Custodian a Request for Release and Receipt of Documents substantially in the form set forth on Exhibit S requesting delivery to such Servicer of the Mortgage Loan File for such Mortgage Loan and indicating that all amounts received in connection with such payment that are required to be deposited in the Collection Account pursuant to Section 4.02 hereof have been or will be so deposited. The Master Servicer and the Special Servicer (the latter, with a copy to the Master Servicer) shall forward to the Trustee or, if the Trustee is not the Custodian, the Custodian original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into by such Servicer in accordance with this Agreement within ten (10) Business Days of the execution thereof and the delivery of such instrument to such Servicer; provided, however, that such Servicer may, in lieu thereof, provide the -------- ------- Trustee or, if the Trustee is not the Custodian, the Custodian with a certified true copy of any such document submitted for recordation within five (5) Business Days of its execution, in which event such Servicer shall provide the Trustee or, if the Trustee is not the Custodian, the Custodian with the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the recorded original within five (5) Business Days of receipt thereof by such Servicer. Upon any payment in full of a Mortgage Loan, the Master Servicer or Special Servicer may execute an instrument of satisfaction regarding the related Mortgage and any other related Mortgage Loan Documents, which instruments of satisfaction shall be recorded by such Servicer if required by applicable law and shall be delivered to the Person entitled thereto, it being understood and agreed that all reasonable expenses incurred by such Servicer in connection with such instruments of satisfaction shall be deemed a Servicing Advance, which shall be reimbursed pursuant to the terms of this Agreement, but solely to the extent not otherwise chargeable to and paid by the related Mortgagor. Such Servicer shall notify the Trustee of an instrument of satisfaction described above as soon as practicable.