EXHIBIT 99.4
RECONSTITUTED SERVICING AGREEMENT
THIS RECONSTITUTED SERVICING AGREEMENT (the "Agreement") is dated as of
December 1, 2005, by and among Taberna Realty Holdings Trust, having an address
at 0000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 ("TRHT"), and Aurora
Loan Services LLC (the "Servicer") and acknowledged by Xxxxxxx Xxxxx Mortgage
Investors, Inc. and Xxxxx Fargo Bank, N.A., as master servicer.
WHEREAS, the Servicer and TRHT, as owner, entered into that certain Flow
Servicing Agreement, dated as of September 30, 2005 (the "Servicing Agreement");
and
WHEREAS, the Servicer has agreed to service those mortgage loans
identified on Exhibit A attached hereto (the "Mortgage Loans") in accordance
with the servicing provisions contained in the Servicing Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which hereby are acknowledged, and of the mutual covenants herein
contained, the parties hereto hereby agree as follows:
1. Defined terms used in this Agreement and not otherwise defined
herein shall have the meaning set forth in the Servicing Agreement.
2. TRHT warrants and represents to the Servicer as of the date
hereof:
(a) Attached hereto as Exhibit B is a true and accurate copy of the
Servicing Agreement, which agreement is in full force and effect
as of the date hereof and, except as set forth herein, the
provisions of which have not been waived, amended or modified by
TRHT in any respect, nor has any notice of termination been
given by TRHT thereunder;
(b) TRHT is duly organized, validly existing and in good standing
under the laws of the jurisdiction of its organization, and has
all requisite power and authority to acquire, own and sell the
Mortgage Loans;
(c) TRHT has full organizational power and authority to execute,
deliver and perform its obligations under this Agreement, and to
consummate the transactions set forth herein. The consummation
of the transactions contemplated by this Agreement is in the
ordinary course of TRHT's business and will not conflict with,
or result in a breach of, any of the terms, conditions or
provisions of TRHT's charter or by-laws or any legal
restriction, or any material agreement or instrument to which
TRHT is now a party or by which it is bound, or result in the
violation of any law, rule, regulation, order, judgment or
decree to which TRHT or its property is subject. The execution,
delivery and performance by TRHT of this Agreement and the
consummation by it of the transactions contemplated hereby, have
been duly authorized by all necessary corporate action on part
of TRHT. This Agreement has been duly executed and delivered by
TRHT and, upon the due
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authorization, execution and delivery by the Servicer, will
constitute the valid and legally binding obligation of TRHT
enforceable against TRHT in accordance with its terms except as
enforceability may be limited by bankruptcy, reorganization,
insolvency, moratorium or other similar laws now or hereafter in
effect relating to creditors' rights generally, and by general
principles of equity regardless of whether enforceability is
considered in a proceeding in equity or at law; and
(d) No consent, approval, order or authorization of, or declaration,
filing or registration with, any governmental entity is required
to be obtained or made by TRHT in connection with the execution,
delivery or performance by TRHT of this Agreement, or the
consummation by it of the transactions contemplated hereby.
3. The Servicer warrants and represents to, and covenants with,
TRHT as of the date hereof:
(a) Attached hereto as Exhibit B is a true and accurate copy of the
Servicing Agreement, which agreement is in full force and effect
as of the date hereof and, except as set forth herein, the
provisions of which have not been waived, amended or modified in
any respect, nor has any notice of termination been given
thereunder;
(b) The Servicer is duly organized, validly existing and in good
standing under the laws of the jurisdiction of its organization,
and the Servicer has all requisite power and authority to
service the Mortgage Loans and the Servicer has all requisite
power and authority to perform its obligations under the
Servicing Agreement;
(c) The Servicer has full corporate power and authority to execute,
deliver and perform its obligations under this Agreement, and to
consummate the transactions set forth herein. The consummation
of the transactions contemplated by this Agreement is in the
ordinary course of the Servicer's business and will not conflict
with, or result in a breach of, any of the terms, conditions or
provisions of its organizational documents or any legal
restriction, or any material agreement or instrument to which it
is now a party or by which it is bound, or result in the
violation of any law, rule, regulation, order, judgment or
decree to which the Servicer or its property is subject. The
execution, delivery and performance by the Servicer of this
Agreement and the consummation by it of the transactions
contemplated hereby, have been duly authorized by all necessary
corporate action on the part of the Servicer. This Agreement has
been duly executed and delivered by the Servicer, and, upon the
due authorization, execution and delivery by TRHT, will
constitute the valid and legally binding obligation of the
Servicer, enforceable against the Servicer in accordance with
its terms except as enforceability may be limited by bankruptcy,
reorganization, insolvency, moratorium or other similar laws now
or hereafter in effect relating to creditors' rights generally,
and by general principles of equity regardless of whether
enforceability is considered in a proceeding in equity or at
law;
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(d) No consent, approval, order or authorization of any governmental
entity is required to be obtained or made by TRHT in connection
with the execution, delivery or performance by the Servicer of
this Agreement, or the consummation by it of the transactions
contemplated hereby; and
(e) The Servicer shall establish a Custodial Account and an Escrow
Account as described under the Servicing Agreement in favor of
the Trust with respect to the Mortgage Loans separate from the
Collection Account and Escrow Account previously established
under the Servicing Agreement in favor of TRHT.
4. The Servicer hereby acknowledges that Xxxxx Fargo Bank, N.A.
(the "Master Servicer") has been appointed as the master servicer of the
Mortgage Loans pursuant to the Sale and Servicing Agreement (the "Sale and
Servicing Agreement"), dated as of December 1, 2005, among TRHT, Xxxxxxx Xxxxx
Mortgage Investors Trust, Series 2005-A9 (the "Trust"), Wachovia Bank, National
Association (the "Indenture Trustee"), and the Master Servicer. The Servicer
shall deliver all reports required to be delivered under the Servicing Agreement
to:
Xxxxx Fargo Bank, N.A.
0000 Xxx Xxxxxxxxx Xxxx
Xxxxxxxx, Xxxxxxxx 00000
Attention: Xxxxxxx Xxxxx Mortgage Investors, Inc., Series 2005-A9
5. The Servicer shall, upon written notification from TRHT to the
Servicer of the repurchase of a Mortgage Loan by TRHT pursuant to Article II of
the Mortgage Loan Purchase Agreement, dated as of December 1, 2005, between TRHT
and Xxxxxxx Xxxxx Mortgage Investors, Inc., deliver to Xxxxx Fargo Bank, N.A.,
as custodian (the "Custodian"), a request for release (a "Request for Release"),
substantially in the form of Exhibit E attached hereto, signed by a servicing
officer of the Servicer (a "Servicing Officer"). Furthermore, from time to time
as is appropriate for the servicing or foreclosure of any Mortgage Loan,
including, for this purpose, collection under any primary insurance policy, the
Servicer shall deliver to the Custodian a Request for Release signed by a
Servicing Officer requesting that possession of all of the related mortgage
files (the "Mortgage Files") be released to the Servicer and certifying as to
the reason for such release. The Servicer shall cause each Mortgage File or any
document therein so released to be returned to the Custodian when the need
therefore by the Servicer no longer exists, unless (i) the Mortgage Loan has
been liquidated and the liquidation proceeds relating to the Mortgage Loan have
been deposited in the Master Servicer Collection Account or the payment account
or (ii) the Mortgage File or such document has been delivered to an attorney, or
to a public trustee or other public official as required by law, for purposes of
initiating or pursuing legal action or other proceedings for the foreclosure of
the mortgaged property either judicially or non-judicially.
Recognition of TRHT
6. The Servicer hereby acknowledges that from and after the date
hereof, the Mortgage Loans will be subject to the terms and conditions of the
Sale and Servicing Agreement pursuant to which the Master Servicer has the right
to monitor the performance by the Servicer
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of its servicing obligations under the Servicing Agreement. Such right will
include, without limitation, the right to terminate the Servicer under the
Servicing Agreement upon the occurrence of an event of default thereunder
(subject to the notice and cure provisions of the Servicing Agreement), the
right to receive all remittances required to be made by the Servicer under the
Servicing Agreement, the right to receive all monthly reports and other data
required to be delivered by the Servicer under the Servicing Agreement, the
right to examine the books and records of the Servicer as they relate to the
Mortgage Loans, indemnification rights, and the right to exercise certain rights
of consent and approval relating to actions taken by the Servicer. In connection
therewith, the Servicer hereby agrees to make all remittances required under the
Servicing Agreement with respect to the Mortgage Loans to the Master Servicer
for the benefit of the Trust in accordance with the following wire transfer
instructions:
Xxxxx Fargo Bank, N.A.
ABA #000-000-000
Account Name: Corporate Trust Clearing
Account # 0000000000
For Further Credit to: MLMI 2005-A9, Account #00000000
It is the intention of the Servicer and TRHT that this Agreement will be
a separate and distinct servicing agreement between TRHT and the Servicer, and
shall be binding upon and for the benefit of the respective successors and
assigns of the parties hereto.
7. Modification of the Servicing Agreement:
The Servicer and TRHT hereby amend the Servicing Agreement as follows:
The following definitions are added to Article I:
Indenture Trustee: Wachovia Bank, National Association.
Master Servicer: Xxxxx Fargo Bank, N.A. or its successors in
interest.
The definition of Business Day is deleted in its entirety and replaced
with the following:
Business Day: Any day other than (i) a Saturday or Sunday, or
(ii) a day on which the Federal Reserve is closed, or (iii) a day on which
banking institutions in the jurisdiction in which the Master Servicer or the
Servicer are authorized or obligated by law or executive order to be closed."
Section 3.03(vi) is hereby deleted in its entirety and replaced with the
following:
"with respect to each Principal Payment in full or in part the
Prepayment Interest Shortfall Amount, if any, for the month of distribution.
Such deposit shall be made from the Servicer's own funds, without reimbursement
therefor up to a maximum amount per month of the Servicing Fee actually received
for such month for the Mortgage Loans."
The following sentence is added to the end of the first paragraph of
Section 4.02 of the Servicing Agreement:
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"In addition, no later than the tenth (10th) calendar day of each month
(or if such tenth day is not a Business Day, the Business Day immediately
succeeding such tenth day) beginning in February 2006, the Servicer shall
forward to the Master Servicer reports in the format set forth in Exhibit C and
Exhibit D to the Reconstituted Servicing Agreement, dated as of December 1,
2005, between TRHT and the Servicer (or such other format as may be mutually
agreed to by the Servicer and the Master Servicer), with respect to defaulted
Mortgage Loans and realized loss calculations, respectively."
Section 5.03 shall be amended by adding the following paragraphs at the
end of such section:
For so long as the Mortgage Loans are being master serviced by a master
servicer in a securitization transaction, by March 15th of each year (or if not
a Business Day, the immediately preceding Business Day), an officer of the
Servicer shall execute and deliver an Officer's Certificate to the Master
Servicer for the benefit of such Master Servicer and its affiliates, and in each
case, its officers, directors and affiliates, certifying as to the following
matters:
For so long as the Mortgage Loans are being master serviced by a master
servicer in a securitization transaction (the "Master Servicer"), by February
28th of each year (or if not a Business Day, the immediately preceding Business
Day), or at any other time upon thirty (30) days written request, an officer of
the Servicer shall execute and deliver an Officer's Certificate to the Master
Servicer for the benefit of such Master Servicer and its affiliates, and in each
case, its officers, directors and affiliates, certifying as to the following
matters:
(i) Based on my knowledge, the information in the Annual Statement
of Compliance, and the Annual Independent Public Accountant's
Servicing Report and all servicing reports, officer's
certificates and other information relating to the servicing of
the Mortgage Loans submitted to the Master Servicer by the
Servicer, when taken as a whole, does not contain any untrue
statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the
circumstances under which such statements were made, not
misleading, as of the last day of the period covered by the
Annual Statement of Compliance;
(ii) Based on my knowledge, the servicing information required to be
provided to the Master Servicer by the Servicer under the
Agreement has been provided to the Master Servicer;
(iii) I am responsible for reviewing the activities performed by the
Servicer under this Agreement and based upon the review
required by this Agreement, and except as disclosed in the
Annual Statement of Compliance, the Annual Independent Public
Accountant's Servicing Report, or otherwise disclosed in a
writing submitted to the Master Servicer, the Servicer has, as
of last day of the period covered by the Annual Statement of
Compliance, fulfilled its obligations under this Agreement; and
(iv) I have disclosed to the Master Servicer all significant
deficiencies relating to the Servicer's compliance with the
minimum servicing standards as determined in accordance with a
review conducted in compliance with the Uniform Single
Attestation Program for Mortgage Bankers as set forth in this
Agreement.
The Servicer shall indemnify and hold harmless the Master Servicer and
its affiliates, and in each case, its officers, directors and agents from and
against any losses, damages, penalties, fines, forfeitures, reasonable legal
fees and related costs, judgments and other costs and expenses arising out of or
based upon a breach by the Servicer or any of its officers, directors, agents or
affiliates of its obligations under Section 5.02 and Section 5.03 or the gross
negligence, bad faith or willful misconduct of the Servicer in connection
therewith. If the indemnification provided for herein is unavailable or
insufficient to hold harmless the Master Servicer, then the Servicer agrees that
it shall contribute to the amount paid or payable by the Master Servicer as a
result of the losses, claims, damages or liabilities of the Master Servicer in
such proportion as is appropriate to reflect the relative fault of the Master
Servicer on the one hand and the Servicer on the other in connection with a
breach of the Servicer's obligations under Section 5.02 and Section 5.03 or the
Servicer's gross negligence, bad faith or willful misconduct in connection
therewith."
All references in Section 7.02 of the Servicing Agreement to "Purchaser"
shall be deleted and replaced with "Purchaser or its designee".
The following Subsection shall be added to Section 9.01:
"(ix) failure by the Servicer to duly perform, within the required time
period, its obligations under Section 5.02 and Section 5.03 which failure
continues unremedied for a period of fifteen (15) days after the date on which
written notice of such failure, requiring the same to be remedied, shall have
been received by the Servicer from any party to this Servicing Agreement or from
any master servicer responsible for master servicing the Mortgage Loans pursuant
to a securitization of such Mortgage Loans;"
The following shall be added as Section 10.19 of the Servicing
Agreement:
"Third Party Beneficiary. For purposes of this Agreement, any Master
Servicer shall be
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considered a third party beneficiary to this Agreement entitled to all the
rights and benefits accruing to any Master Servicer herein as if it were a
direct party to this Agreement."
8. Indemnification by Master Servicer.
The Master Servicer shall indemnify and hold harmless the Servicer and
its affiliates, and in each case, its officers, directors and agents from and
against any losses, damages, penalties, fines, forfeitures, reasonable legal
fees and related costs, judgments and other costs and expenses arising out of or
based upon a breach by the Master Servicer or any of its officers, directors,
agents or affiliates of its obligations in connection with the preparation,
filing and certification of any Form 10-K under Section 3.17 of the Sale and
Servicing Agreement or the negligence, bad faith or willful misconduct of the
Master Servicer in connection therewith. In addition, the Master Servicer shall
indemnify and hold harmless the Servicer and its affiliates, and in each case,
its officers, directors and agents from and against any losses, damages,
penalties, fines, forfeitures, reasonable legal fees and related costs,
judgments and other costs and expenses arising out of or based upon a breach by
any Servicer (as defined in the Sale and Servicing Agreement), other than the
Servicer (as defined in this Agreement), of its obligations in connection with
any back-up certification (or any other back-up documents) to any certification
of any Form 10-K required to be provided by the Master Servicer, but solely to
the extent the Master Servicer receives amounts from such Servicer in connection
with any indemnification provided by such Servicer (in each case as defined in
the Sale and Servicing Agreement) to the Master Servicer.
9. Notice Addresses.
If to TRHT:
Taberna Realty Holdings Trust
0000 Xxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
Attention: Xxxx Xxxxxx
with a copy to:
Taberna Realty Holdings Trust
0000 Xxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
Attention: Xxxxxxx Xxxxx
If to the Servicer:
Aurora Loan Services LLC
000 Xxxxxxxxx Xxxxx Xxxxx
Xxxxxxxxx, Xxxxxxxx 00000
Attention: Manager, Contract Administration
Mail Stop - 3195
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with a copy to:
Aurora Loan Services LLC
000 Xxxxx Xxxxxx
X.X. Xxx 0000
Xxxxxxxxxxx, Xxxxxxxx 00000
Attention: Manager, Loan Administration
If to the Master Servicer,
Xxxxx Fargo Bank, N.A.
0000 Xxx Xxxxxxxxx Xxxx
Xxxxxxxx, Xxxxxxxx 00000
Attention: Xxxxxxx Xxxxx Mortgage Investors, Inc., Series 2005-A9
If to Xxxxxxx Xxxxx Mortgage Investors, Inc.,
Xxxxxxx Xxxxx Mortgage Investors, Inc.
World Financial Center
Xxxxx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: MLMI 2005-A9
10. This Agreement shall be construed in accordance with the
substantive laws of the State of New York and the obligations, rights and
remedies of the parties hereunder shall be determined in accordance with such
laws, except to the extent preempted by federal law.
11. From and after the date hereof, the Servicer, as servicer, shall
recognize Xxxxxxx Xxxxx Mortgage Investors Trust, Series 2005-A9 as the owner of
the Mortgage Loans, and the Servicer will service the Mortgage Loans in
accordance with the servicing provisions contained in the Servicing Agreement
for the benefit of the Trust, and shall look solely to the Trust for performance
of the obligations of Purchaser under the Servicing Agreement with respect to
the Mortgage Loans. From and after the date hereof, TRHT shall recognize the
Servicer as the servicer of the Mortgage Loans, and shall look solely to the
Servicer for performance of the obligations of the Servicer under the Servicing
Agreement with respect to the Mortgage Loans.
12. This Agreement shall inure to the benefit of the successors and
assigns of the parties hereto. Any entity into which the Servicer or TRHT may be
merged or consolidated shall, without the requirement for any further writing,
be deemed the Servicer or TRHT, respectively, hereunder.
13. No term or provision of this Agreement may be waived or modified
unless such waiver or modification is in writing and signed by the parties
hereto, including the acknowledgment parties.
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14. This Agreement may be executed simultaneously in any number of
counterparts, each of which counterparts shall be deemed to be an original, and
such counterparts shall constitute and be one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have caused this Reconstituted Servicing
Agreement to be executed by their duly authorized officers as of the date first
above written.
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TABERNA REALTY HOLDINGS TRUST
By: ___________________________
Name: ___________________________
Title: ___________________________
AURORA LOAN SERVICES LLC,
THE SERVICER
By: ___________________________
Name: ___________________________
Title: ___________________________
ACKNOWLEDGED AND AGREED
XXXXX FARGO BANK, N.A.
By: ___________________________
Name: ___________________________
Title: ___________________________
XXXXXXX XXXXX MORTGAGE INVESTORS, INC.
By: ___________________________
Name: ___________________________
Title: ___________________________
EXHIBIT A
Mortgage Loan Schedule
[Intentionally Omitted]
EXHIBIT B
Flow Servicing Agreement, dated as of September 30, 2005
See Exhibit 99.5
EXHIBIT C
REPORTING DATA FOR DEFAULTED LOANS
Data must be submitted to Xxxxx Fargo Bank in an EXCEL spreadsheet format with
fixed field names and data type. The EXCEL spreadsheet should be used as a
template consistently every month when submitting data.
Loan No
Inv Loan No
Inv ID
Cat Code
Mortg Last Name
Mortg First Name
Prop St Add
Prop City
St
Zip
First Prin Bal
Lo Type
Xxx Int Rte
Status
Nxt Due Dte
1st Legal Compltd dte/ actual
FC Atty Refrl Dte/ Actual
FC Sale Held Dte
REO Setup Dte
REO CMA Cmptd Dte
REO CMA as is value
REO Apprsl Cmpltd dte
REO Apprsd as is value
REO List price amt
REO List start dte
REO proceeds amt
REO evict start dte
REO evict complt dte
RS actual cmpl dte
Bnk filing dte
Bnk POC filing dte
Bnk PP due dte
Bnk PP 1 due dte
Bnk PP 2 due dte
Bnk xxxx filed dte
Bnk xxxx hearing dte
Bnk dismsl dte
Bnk xxxx denied dte
Bnk other dte
Bnk remvl code
Bnk chptr type
Bnk case no.
Bnk remvl dte
Bnk Ch 7 discharge dte
Bnk discharge dte
FP brkn dte
FP last change dte
FP orig plan end dte
EXHIBIT D
REALIZED LOSS CALCULATION INFORMATION XXXXX FARGO BANK, N.A.
Form 332
Calculation of Realized Loss
Purpose
To provide the Servicer with a form for the calculation of any Realized Loss (or
gain) as a result of a Mortgage Loan having been foreclosed and Liquidated.
Distribution
The Servicer will prepare the form in duplicate and send the original together
with evidence of conveyance of title and appropriate supporting documentation to
the Master Servicer with the Monthly Accounting Reports which supports the
Mortgage Loan's removal from the Mortgage Loan Activity Report. The Servicer
will retain the duplicate for its own records.
Due Date
With respect to any liquidated Mortgage Loan, the form will be submitted to the
Master Servicer no later than the date on which statements are due to the Master
Servicer under Section 4.02 of this Agreement (the "Statement Date") in the
month following receipt of final liquidation proceeds and supporting
documentation relating to such liquidated Mortgage Loan; provided, that if such
Statement Date is not at least 30 days after receipt of final liquidation
proceeds and supporting documentation relating to such liquidated Mortgage Loan,
then the form will be submitted on the first Statement Date occurring after the
30th day following receipt of final liquidation proceeds and supporting
documentation.
Preparation Instructions
The numbers on the form correspond with the numbers listed below.
1. The actual Unpaid Principal Balance of the Mortgage Loan.
2. The Total Interest Due less the aggregate amount of servicing fee that
would have been earned if all delinquent payments had been made as agreed.
3-7. Complete as necessary. All line entries must be supported by copies of
appropriate statements, vouchers, receipts, canceled checks, etc., to document
the expense. Entries not properly documented will not be reimbursed to the
Servicer.
8. Accrued Servicing Fees based upon the Scheduled Principal Balance of the
Mortgage Loan as calculated on a monthly basis.
10. The total of lines 1 through 9.
Credits
11-17. Complete as necessary. All line entries must be supported by copies of
the appropriate claims forms, statements, payment checks, etc. to
document the credit. If the Mortgage Loan is subject to a Bankruptcy
Deficiency, the difference between the Unpaid Principal Balance of the
Note prior to the Bankruptcy Deficiency and the Unpaid Principal Balance
as reduced by the Bankruptcy Deficiency should be input on line 16.
18. The total of lines 11 through 17.
Total Realized Loss (or Amount of Any Gain)
19. The total derived from subtracting line 18 from 10. If the amount
represents a realized gain, show the amount in parenthesis ( ).
XXXXX FARGO BANK, N.A.
CALCULATION OF REALIZED LOSS
XXXXX FARGO BANK, N.A. Trust: ___________________________
Prepared by: __________________ Date: _______________
Phone: ______________________
Servicer Loan No. Servicer Name Servicer Address
XXXXX FARGO BANK, N.A.
Loan No._____________________________
Borrower's Name:________________________________________________________
Property
Address:________________________________________________________________
Liquidation and Acquisition Expenses:
Actual Unpaid Principal Balance of Mortgage Loan $________________(1)
Interest accrued at Net Rate ________________(2)
Attorney's Fees ________________(3)
Taxes ________________(4)
Property Maintenance ________________(5)
MI/Hazard Insurance Premiums ________________(6)
Hazard Loss Expenses ________________(7)
Accrued Servicing Fees ________________(8)
Other (itemize) ________________(9)
$___________________
Total Expenses $_______________(10)
Credits:
Escrow Balance $_______________(11)
HIP Refund _______________(12)
Rental Receipts _______________(13)
Hazard Loss Proceeds _______________(14)
Primary Mortgage Insurance Proceeds _______________(15)
Proceeds from Sale of Acquired Property _______________(16)
Other (itemize) _______________(17)
___________________
___________________
Total Credits $_______________(18)
Total Realized Loss (or Amount of Gain) $___________________
EXHIBIT E
MORTGAGE LOAN DOCUMENT RELEASE FORM
___________________________
[Date]
[Custodian]
[Address]
Attention: [____________________]
In connection with the administration of the mortgages held by you as Custodian
under a certain Servicing Agreement dated as of [_______], 200_, between [OWNER]
as Owner and Aurora Loan Services LLC as Servicer (the "Servicing Agreement"),
the undersigned Servicer hereby requests a release of the Mortgage File held by
you as Custodian with respect to the following described Mortgage Loan for the
reason indicated below.
Mortgagor's Name:
Address:
Loan No.:
Reason for requesting file:
_____ Mortgage Loan paid in full. (The Servicer hereby certifies that all
amounts received in connection with the loan have been or will be credited to
the Custodial Account pursuant to the Servicing Agreement.)
_____ The Mortgage Loan is being foreclosed.
_____ Mortgage Loan substituted. (The Servicer hereby certifies that a
Qualifying Substitute Mortgage Loan has been assigned and delivered to you along
with the related Mortgage File pursuant to the Servicing Agreement or Mortgage
Loan Purchase and Warranties Agreement.)
_____ Mortgage Loan repurchased. (The Servicer hereby certifies that the
Purchase Price has been credited as required pursuant to the Servicing Agreement
or Mortgage Loan Purchase and Warranties Agreement.)
_____ Other. (Describe)
_____ California Mortgage Loan expected to be paid in full.
The undersigned acknowledges that the above Mortgage File will be held by the
undersigned in accordance with the provisions of the Servicing Agreement and
will be returned to you within ten (10) days of our receipt of the Mortgage
File, except if the Mortgage Loan has been paid in full, or repurchased or
substituted for a Qualifying Substitute Mortgage Loan (in which case the
Mortgage File will be retained by us permanently) and except if the Mortgage
Loan is being foreclosed or is a California Mortgage Loan specified above (in
which case the Mortgage File will be returned when no longer required by us for
such purpose). Capitalized terms used herein shall have the meanings ascribed to
them in the Servicing Agreement.
_________________________
[Date]
[Title]
[Name of Servicer]
