Common use of Certification of Release Clause in Contracts

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31, 2005 (the “Agreement”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect thereto. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Reconstitution Agreement (HarborView 2006-13)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial DB Structured Products, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial DB Structured Products, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) INDYMAC BANK, F.S.B. Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONINDYMAC BANK, F.A. F.S.B. (the “Seller”) ), as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31June 1, 2005 (the “Agreement”) ), does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial DB Structured Products, Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller (other than the servicing rights) in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached heretohereto as Schedule One, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered or shall deliver to the Custodian the documents Mortgage Loan Documents for each Mortgage Loan to be purchased and such other documents as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's ’s possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation representations and warranties set forth in Subsections 7.01 and 7.02 of the Agreement and in the Commitment Letter, dated ________ __, 200_, are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates Certificate and all Attachments attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONINDYMAC BANK, F.A. Seller F.S.B. (Seller) By: :________________________________ Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicablerequired pursuant to the related Mortgage Loan’s origination program. 5. Verification of acceptable evidence of source and amount of downpayment, if applicablerequired pursuant to the related Mortgage Loan’s origination program. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Master Mortgage Loan Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. AMERICAN HOME MORTGAGE CORP. (“Seller”) ), as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31May 1, 2005 2006 (the “Agreement”) ), does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. Inc., as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretothereto (except as otherwise set forth in the related Confirmation). Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by American Home Mortgage Servicing, Inc. (the Seller “Servicer”) to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The SellerServicer 's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller or the Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such custodial capacity only. The Seller confirms and the Servicer, as applicable, confirm to the Purchaser that the representation and warranties set forth in Subsections 7.01 Sections 7.01(a) and (b) and Section 7.02 of the Agreement are true and correct with respect to the Seller and the Servicer, as applicable, and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s each party's Officer’s Certificates 's Certificate and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. AMERICAN HOME MORTGAGE CORP. Seller By: Name: Title: AMERICAN HOME MORTGAGE SERVICING, INC. Seller By: Name: Title: With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller Servicer or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Reconstituted Servicing Agreement (HarborView 2007-5)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial ProductsCountrywide Home Loans, Inc. that, as of the Date and Time of Sale of the above mentioned Servicing Rights related to the Mortgage Loans to Greenwich Capital Financial ProductsCountrywide Home Loans, Inc., the security interests in the Servicing Rights related to the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Servicing Rights related to the Mortgage Loans. (Seller) [NAME IN CAPS] Seller By: Name: Title: On this _______ day of :_____________________________________ Name:_____________________________________ Title:_____________________________________ Re: __________ (the “Trust”) I, 200_[identify the certifying individual], certify to ACE Securities Corp. (the “Depositor”), HSBC Bank USA, National Association (the “Trustee”) and ▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONFargo Bank, F.A. (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31, 2005 National Association (the “AgreementMaster Servicer”), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that: 1. Based on my knowledge, the information in the Annual Statement of Compliance, 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 taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact (constituting information required to be provided by [Countrywide Home Loans Servicing LP] (the “Servicer”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as Purchaser under the Agreement) necessary to make the statements made, without recoursein light of the circumstances under which such statements were made, but subject not misleading as of the date of this certification. 2. Based on my knowledge, the servicing information required to be provided to Master Servicer by the Servicer under the Agreement has been provided to the terms of Master Servicer. 3. I am responsible for reviewing the activities performed by the Servicer under the Agreement and based upon my knowledge and the review required by the Agreement, all rights, title and interest except as disclosed in the Annual Statement of Compliance or the Seller in and Annual Independent Public Accountant’s Servicing Report submitted to the Mortgage Loans listed on Master Servicer, the Mortgage Loan Schedule attached hereto, together Servicer has fulfilled its obligations under the Agreement; and 4. I have disclosed to the Master Servicer all significant deficiencies relating to the Servicer’s compliance with the related minimum servicing rights thereto, standards in accordance with a review conducted in compliance with the Uniform Single Attestation Program for Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect thereto. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased Bankers or similar standard as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File Pooling and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. Citigroup Global Markets Realty Corp. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc.Citigroup Global Markets Realty Corp., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. [SELLER] (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31____ 1, 2005 200_ (the “Agreement”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. Citigroup Global Markets Realty Corp. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection Section 6.03 of the Agreement, the Seller has delivered to the Custodian Purchaser the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's ’s possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections Sections 7.01 and 7.02 of the Agreement and in the Confirmation, dated _______________, 200__, are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates Certificate and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. : Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. [SELLER] Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the CustodianPurchaser: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-10)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial ProductsCountrywide Home Loans, Inc. that, as of the Date and Time of Sale of the above mentioned Servicing Rights related to the Mortgage Loans to Greenwich Capital Financial ProductsCountrywide Home Loans, Inc., the security interests in the Servicing Rights related to the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Servicing Rights related to the Mortgage Loans. (Seller) [NAME IN CAPS] Seller By: Name: Title: On this _______ day of Re: __________ (the “Trust”) I, 200_[identify the certifying individual], certify to ACE Securities Corp. (the “Depositor”), HSBC Bank USA, National Association (the “Trustee”) and ▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONFargo Bank, F.A. National Association (the SellerMaster Servicer”), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that: 1. Based on my knowledge, the information in the Annual Statement of Compliance, 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 taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact (constituting information required to be provided by [Countrywide Home Loans Servicing LP] (the “Servicer”) under the Agreement) necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading as of the Seller date of this certification. 2. Based on my knowledge, the servicing information required to be provided to Master Servicer by the Servicer under that certain the Agreement has been provided to the Master Servicer. 3. I am responsible for reviewing the activities performed by the Servicer under the Agreement and based upon my knowledge and the review required by the Agreement, and except as disclosed in the Annual Statement of Compliance or the Annual Independent Public Accountant’s Servicing Report submitted to the Master Servicer, the Servicer has fulfilled its obligations under the Agreement; and 4. I have disclosed to the Master Servicer all significant deficiencies relating to the Servicer’s compliance with the minimum servicing standards in accordance with a review conducted in compliance with the Uniform Single Attestation Program for Mortgage Loan Purchase Bankers or similar standard as set forth in the Pooling and Interim Servicing Agreement. Capitalized terms used and not otherwise defined herein have the meanings assigned thereto in the Pooling and Servicing Agreement, dated as of December 31June 1, 2005 (the “Agreement”) does hereby sell2005, transferamong ACE Securities Corp., assignOcwen Federal Bank FSB, set over and convey to Greenwich Capital Financial ProductsSaxon Mortgage Services, Inc. as Purchaser under the AgreementInc., without recourseCountrywide Home Loans Servicing LP, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect thereto. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONFargo Bank, F.A. Seller By: Name: Title: : With respect N.A. and HSBC Bank USA, National Association. This Amendment One (this “Amendment One”), dated as of August 31, 2006, among DB Structured Products, Inc. (the “Owner”), Countrywide Home Loans, Inc. (the “Company”) and Countrywide Home Loans Servicing LP (the “Servicer”) to each that certain Mortgage LoanLoan Servicing Rights Purchase and Servicing Agreement, dated as of September 1, 2005, among the Owner, the Mortgage File shall include each of Company and the following itemsServicer (as amended, which shall be available for inspection by modified or supplemented, the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents“Existing Agreement”). 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial ProductsCountrywide Home Loans, Inc. that, as of the Date and Time of Sale of the above mentioned Servicing Rights related to the Mortgage Loans to Greenwich Capital Financial ProductsCountrywide Home Loans, Inc., the security interests in the Servicing Rights related to the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Servicing Rights related to the Mortgage Loans. (Seller) [NAME IN CAPS] Seller By: Name: Title: On this _______ day of Re: __________ (the “Trust”) I, 200_[identify the certifying individual], certify to ACE Securities Corp. (the “Depositor”), HSBC Bank USA, National Association (the “Trustee”) and ▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONFargo Bank, F.A. (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31, 2005 National Association (the “AgreementMaster Servicer”), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that: 1. Based on my knowledge, the information in the Annual Statement of Compliance, 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 taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact (constituting information required to be provided by [Countrywide Home Loans Servicing LP] (the “Servicer”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as Purchaser under the Agreement) necessary to make the statements made, without recoursein light of the circumstances under which such statements were made, but subject not misleading as of the date of this certification. 2. Based on my knowledge, the servicing information required to be provided to Master Servicer by the Servicer under the Agreement has been provided to the terms of Master Servicer. 3. I am responsible for reviewing the activities performed by the Servicer under the Agreement and based upon my knowledge and the review required by the Agreement, all rights, title and interest except as disclosed in the Annual Statement of Compliance or the Seller in and Annual Independent Public Accountant’s Servicing Report submitted to the Mortgage Loans listed on Master Servicer, the Mortgage Loan Schedule attached hereto, together Servicer has fulfilled its obligations under the Agreement; and 4. I have disclosed to the Master Servicer all significant deficiencies relating to the Servicer’s compliance with the related minimum servicing rights thereto, standards in accordance with a review conducted in compliance with the Uniform Single Attestation Program for Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect thereto. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased Bankers or similar standard as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File Pooling and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar1)

Certification of Release. The Seller Company named below hereby certifies to Greenwich Capital Financial Products, Inc. Purchaser that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc.Purchaser, the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller Company warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) COUNTRYWIDE HOME LOANS, INC. Seller By: Name: Title: On this _______ day of ________, 200_200 , ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONCountrywide Home Loans, F.A. Inc. (“SellerCountrywide”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31March 1, 2005 2004 (the “Agreement”), by and among Countrywide, Countrywide Home Loans Servicing LP (the “Servicer”) and DLJ Mortgage Capital, Inc. (the “Purchaser”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as the Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of Countrywide (excluding the Seller right to service the Mortgage Loans) in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection 6.03 of the Agreement, the Seller Countrywide has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreementtherein. The contents of each related Servicing File required to be retained by the Seller Servicer to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller servicer, for the benefit of the Purchaser as the owner thereof. The Seller's Servicer’s possession of any portion of each such the Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of Countrywide or the Seller Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONCOUNTRYWIDE HOME LOANS, F.A. Seller INC. By: Name: Title: ACKNOWLEDGED AND AGREED: COUNTRYWIDE HOME LOANS SERVICING LP By: Countrywide GP, Inc., its general partner. By: Name: Title: With respect to each Mortgage Loan, the Mortgage File shall include each of the following itemsitems as required by the applicable Mortgage Loan documentation style, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies Custodian pursuant to Subsection 6.03 of the Mortgage Loan DocumentsPurchase and Servicing Agreement, dated as of March 1, 2004 (the “Agreement”), by and among Countrywide Home Loans, Inc., Countrywide Home Loans Servicing LP and DLJ Mortgage Capital, Inc. Capitalized terms shall have the respective meanings ascribed thereto in the Agreement. 1. The original Mortgage Note endorsed by the Seller in the following form: “Pay to the order of , without recourse” with all intervening endorsements showing a complete chain of title from the originator to the Seller. 2. Residential loan applicationFor each Mortgage Loan that is not a MERS Mortgage Loan, the original recorded Mortgage and in the case of each MERS Mortgage Loan, the original Mortgage, noting the presence of the MIN for that Mortgage Loan and either language indicating that the Mortgage Loan is a MOM Loan if the Mortgage Loan is a MOM Loan, or if such Mortgage Loan was not a MOM Loan at origination, the original Mortgage and the assignment to MERS, with evidence of recording thereon. If in connection with any Mortgage Loan, the Seller has not delivered or caused to be delivered the original Mortgage with evidence of recording thereon on or prior to the Closing Date because of a delay caused by the public recording office where such Mortgage has been delivered for recordation or because such Mortgage has been lost or because such public recording office retains the original recorded Mortgage, the Seller shall deliver or cause to be delivered to the Purchaser or the Purchaser’s designee, (i) in the case of a delay caused by the public recording office, a copy of such Mortgage certified by the Seller to be a true and complete copy of the original recorded Mortgage and (ii) in the case where a public recording office retains the original recorded Mortgage or in the case where a Mortgage is lost after recordation in a public recording office, a copy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage. 3. In the case of each Mortgage Loan closing statementthat is not a MERS Mortgage Loan, a duly executed Assignment of Mortgage, from the Seller in blank, which assignment shall be in form and substance acceptable for recording. 4. Verification The title insurance policy shall be delivered to the Purchaser or its designee promptly upon receipt thereof by the Seller but in no event later than the time specified in Subsection 6.03 of employment and income, if applicablethe Agreement. 5. Verification Recorded originals of acceptable any intervening assignments, showing a complete chain of title from the originator to the Seller (or to MERS, if the Mortgage Loan is registered on the MERS System), with evidence of source and amount of downpayment, if applicablerecording thereon. 6. Credit report on MortgagorOriginals of each assumption, modification, written assurance or substitution of liability agreement, if any. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-5)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. Southern Pacific Funding Corporation that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc.Southern Pacific Funding Corporation, the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. WESTMARK MORTGAGE CORPORATION (Seller) By: Name: Title: On this _______ day of ________, 200_, /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ SAVINGS ---------------------------------- Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: President EXHIBIT 4 --------- ASSIGNMENT AND LOAN ASSOCIATIONCONVEYANCE On this day of March, F.A. 11, 1997, WESTMARK MORTGAGE CORPORATION ("Seller") as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31March 11, 2005 1997 (the "Agreement") does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. Southern Pacific Funding Corporation as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection Section 6.03 of the Agreement, the Seller has delivered to the Custodian Purchaser the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections Sections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s 's Officer’s 's Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. WESTMARK MORTGAGE CORPORATION By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. Seller By: ---------------------------------- Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: : President EXHIBIT 5 --------- CONTENTS OF EACH MORTGAGE FILE With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the CustodianPurchaser: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Master Mortgage Loan Purchase Agreement (Westmark Group Holdings Inc)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31, 2005 (the “Agreement”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect thereto. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Reconstitution Agreement (HarborView 2007-7)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. By: Name: Title: On this _______ day of ________, 200_2004, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31September 1, 2005 2004 (the “Agreement”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect thereto. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's ’s possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. F.A., Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicablerequired. 5. Verification of acceptable evidence of source and amount of downpayment, if applicablerequired. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Reconstitution Agreement (HarborView 2006-13)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial DB Structured Products, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial DB Structured Products, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. FREMONT INVESTMENT & LOAN (Seller) By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND FREMONT INVESTMENT & LOAN ASSOCIATION, F.A. (the “Seller”) ), as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31May 1, 2005 2004 (the “Agreement”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial DB Structured Products, Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached heretohereto as Schedule One, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered or shall deliver to the Custodian the documents Mortgage Loan Documents for each Mortgage Loan to be purchased and such other documents as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's ’s possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation representations and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates Certificate and all Attachments attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified information set forth on the Schedule Two attached Schedule are hereto is true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND FREMONT INVESTMENT & LOAN ASSOCIATION, F.A. Seller (Seller) By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicablerequired pursuant to the related Mortgage Loan’s origination program. 5. Verification of acceptable evidence of source and amount of downpayment, if applicablerequired pursuant to the related Mortgage Loan’s origination program. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Assignment, Assumption and Recognition Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He1)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial ProductsRedwood Trust, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial ProductsRedwood Trust, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. FIRST REPUBLIC BANK (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31July 1, 2005 2006 (the “Agreement”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial ProductsRedwood Trust, Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreementpurchased. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's ’s possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. FIRST REPUBLIC BANK Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Master Mortgage Loan Purchase and Servicing Agreement (Sequoia Mortgage Trust 2007-2)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. Purchaser that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc.Purchaser, the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) COUNTRYWIDE HOME LOANS, INC. Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONCountrywide Home Loans, F.A. Inc. (“Seller”"Countrywide") as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31November 1, 2005 2005, (the "Agreement") does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial ProductsWashington Mutual Mortgage Securities Corp., Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of Countrywide (excluding the Seller right to service the Mortgage Loans) in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection 6.03 of the Agreement, the Seller Countrywide has delivered to the Custodian Purchaser the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller Countrywide to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller Countrywide for the benefit of the Purchaser as the owner thereof. The SellerCountrywide's possession of any portion of each such the Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller Countrywide shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Countrywide shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Countrywide at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONCOUNTRYWIDE HOME LOANS, F.A. Seller INC. By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following itemsMortgage Loan Documents, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the CustodianPurchaser pursuant to the Agreement: 1. Copies The original Mortgage Note endorsed by manual or facsimile signature in blank in the following form: "Pay to the order of , without recourse" with all intervening endorsements showing a complete chain of endorsements from the originator to the Seller; 2. In the case of each Mortgage Loan that is not a MERS Mortgage Loan, a duly executed Assignment of Mortgage, from the Seller in blank, which assignment shall be in form and substance acceptable for recording; 3. For each Mortgage Loan that is not a MERS Mortgage Loan, the original recorded Mortgage and in the case of each MERS Mortgage Loan, the original Mortgage, noting the presence of the MIN for that Mortgage Loan and either language indicating that the Mortgage Loan Documents. 2. Residential loan application. 3. is a MOM Loan if the Mortgage Loan closing statement. 4. Verification of employment is a MOM Loan, or if such Mortgage Loan was not a MOM Loan at origination, the original Mortgage and incomethe assignment to MERS, if applicable. 5. Verification of acceptable with evidence of source recording thereon. If in connection with any Mortgage Loan, the Seller has not delivered or caused to be delivered the original Mortgage with evidence of recording thereon on or prior to the Closing Date because of a delay caused by the public recording office where such Mortgage has been delivered for recordation or because such Mortgage has been lost or because such public recording office retains the original recorded Mortgage, the Seller shall deliver or cause to be delivered to the Purchaser or the Purchaser's designee, (a) in the case of a delay caused by the public recording office, a copy of such Mortgage certified by the Seller to be a true and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph complete copy of the Mortgaged Property.original recorded Mortgage and (b) in the case where a public recording office retains the original recorded Mortgage or in the case where a Mortgage is lost after recordation in a public recording office, a copy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage;

Appears in 1 contract

Sources: Master Mortgage Loan Purchase and Servicing Agreement

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) Seller By: Name: Title: On this _______ day of ________, 200_, D▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31, 2005 (the “Agreement”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect thereto. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. D▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Reconstitution Agreement (Dsla 2007-Ar1)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc., the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. (“Seller”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 311, 2005 (the “Agreement”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of the Seller in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect thereto. Pursuant to Subsection 6.03 of the Agreement, the Seller has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller for the benefit of the Purchaser as the owner thereof. The Seller's possession of any portion of each such Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATION, F.A. Seller By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies of the Mortgage Loan Documents. 2. Residential loan application. 3. Mortgage Loan closing statement. 4. Verification of employment and income, if applicable. 5. Verification of acceptable evidence of source and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Reconstitution Agreement (HarborView 2007-7)

Certification of Release. The Seller named below hereby certifies to Greenwich Capital Financial Products, Inc. Purchaser that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc.Purchaser, the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) COUNTRYWIDE HOME LOANS, INC. Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONCountrywide Home Loans, F.A. Inc. (“Seller”"Countrywide") as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31November 1, 2005 2005, (the "Agreement") does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial ProductsWashington Mutual Mortgage Securities Corp., Inc. as Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of Countrywide (excluding the Seller right to service the Mortgage Loans) in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection 6.03 of the Agreement, the Seller Countrywide has delivered to the Custodian Purchaser the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreement. The contents of each related Servicing File required to be retained by the Seller Countrywide to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller Countrywide for the benefit of the Purchaser as the owner thereof. The SellerCountrywide's possession of any portion of each such the Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller Countrywide shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller Countrywide shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Countrywide at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONCOUNTRYWIDE HOME LOANS, F.A. Seller INC. By: Name: Title: : With respect to each Mortgage Loan, the Mortgage File shall include each of the following itemsMortgage Loan Documents, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the CustodianPurchaser pursuant to the Agreement: 1. Copies The original Mortgage Note endorsed by manual or facsimile signature in blank in the following form: "Pay to the order of ___________, without recourse" with all intervening endorsements showing a complete chain of endorsements from the originator to the Seller; 2. In the case of each Mortgage Loan that is not a MERS Mortgage Loan, a duly executed Assignment of Mortgage, from the Seller in blank, which assignment shall be in form and substance acceptable for recording; 3. For each Mortgage Loan that is not a MERS Mortgage Loan, the original recorded Mortgage and in the case of each MERS Mortgage Loan, the original Mortgage, noting the presence of the MIN for that Mortgage Loan and either language indicating that the Mortgage Loan Documents. 2. Residential loan application. 3. is a MOM Loan if the Mortgage Loan closing statement. 4. Verification of employment is a MOM Loan, or if such Mortgage Loan was not a MOM Loan at origination, the original Mortgage and incomethe assignment to MERS, if applicable. 5. Verification of acceptable with evidence of source recording thereon. If in connection with any Mortgage Loan, the Seller has not delivered or caused to be delivered the original Mortgage with evidence of recording thereon on or prior to the Closing Date because of a delay caused by the public recording office where such Mortgage has been delivered for recordation or because such Mortgage has been lost or because such public recording office retains the original recorded Mortgage, the Seller shall deliver or cause to be delivered to the Purchaser or the Purchaser's designee, (a) in the case of a delay caused by the public recording office, a copy of such Mortgage certified by the Seller to be a true and amount of downpayment, if applicable. 6. Credit report on Mortgagor. 7. Residential appraisal report. 8. Photograph complete copy of the Mortgaged Property.original recorded Mortgage and (b) in the case where a public recording office retains the original recorded Mortgage or in the case where a Mortgage is lost after recordation in a public recording office, a copy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage;

Appears in 1 contract

Sources: Master Mortgage Loan Purchase and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2006-Ar1)

Certification of Release. The Seller Company named below hereby certifies to Greenwich Capital Financial Products, Inc. Purchaser that, as of the Date and Time of Sale of the above mentioned Mortgage Loans to Greenwich Capital Financial Products, Inc.Purchaser, the security interests in the Mortgage Loans released by the above named corporation comprise all security interests relating to or affecting any and all such Mortgage Loans. The Seller Company warrants that, as of such time, there are and will be no other security interests affecting any or all of such Mortgage Loans. (Seller) COUNTRYWIDE HOME LOANS, INC. Seller By: Name: Title: On this _______ day of ________, 200_, ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONCountrywide Home Loans, F.A. Inc. (“SellerCountrywide”) as the Seller under that certain Master Mortgage Loan Purchase and Interim Servicing Agreement, dated as of December 31March 1, 2005 2004 (the “Agreement”), by and among Countrywide, Countrywide Home Loans Servicing LP (the “Servicer”) and DLJ Mortgage Capital, Inc. (the “Purchaser”) does hereby sell, transfer, assign, set over and convey to Greenwich Capital Financial Products, Inc. as the Purchaser under the Agreement, without recourse, but subject to the terms of the Agreement, all rights, title and interest of Countrywide (excluding the Seller right to service the Mortgage Loans) in and to the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto, together with the related servicing rights thereto, the Mortgage Files and all rights and obligations arising under the documents contained therein including the right to any Prepayment Charges payable with respect theretotherein. Pursuant to Subsection 6.03 of the Agreement, the Seller Countrywide has delivered to the Custodian the documents for each Mortgage Loan to be purchased as set forth in the Custodial Agreementtherein. The contents of each related Servicing File required to be retained by the Seller Servicer to service the Mortgage Loans pursuant to the Agreement and thus not delivered to the Purchaser are and shall be held in trust by the Seller servicer, for the benefit of the Purchaser as the owner thereof. The Seller's Servicer’s possession of any portion of each such the Servicing File is at the will of the Purchaser for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to the Agreement, and such retention and possession by the Seller Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Mortgage File and Servicing File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of Countrywide or the Seller Servicer shall immediately vest in the Purchaser and shall be retained and maintained, in trust, by the Seller Servicer at the will of the Purchaser in such custodial capacity only. The Seller confirms to the Purchaser that the representation and warranties set forth in Subsections 7.01 and 7.02 of the Agreement are true and correct with respect to the Seller and the Mortgage Loans listed on the Mortgage Loan Schedule attached hereto as of the date hereof, and that all statements made in the Seller’s Officer’s Certificates and all Attachments thereto remain complete, true and correct in all respects as of the date hereof, and that the Mortgage Loan characteristics identified on the attached Schedule are true and correct as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. ▇▇▇▇▇▇ SAVINGS AND LOAN ASSOCIATIONCOUNTRYWIDE HOME LOANS, F.A. Seller INC. By: Name: Title: ACKNOWLEDGED AND AGREED: COUNTRYWIDE HOME LOANS SERVICING LP By: Countrywide GP, Inc., its general partner. By: Name: Title: With respect to each Mortgage Loan, the Mortgage File shall include each of the following itemsitems as required by the applicable Mortgage Loan documentation style, which shall be available for inspection by the Purchaser and which shall be retained by the Seller or delivered to the Custodian: 1. Copies Custodian pursuant to Subsection 6.03 of the Mortgage Loan DocumentsPurchase and Servicing Agreement, dated as of March 1, 2004 (the “Agreement”), by and among Countrywide Home Loans, Inc., Countrywide Home Loans Servicing LP and DLJ Mortgage Capital, Inc. Capitalized terms shall have the respective meanings ascribed thereto in the Agreement. 1. The original Mortgage Note endorsed by the Seller in the following form: “Pay to the order of , without recourse” with all intervening endorsements showing a complete chain of title from the originator to the Seller. 2. Residential loan applicationFor each Mortgage Loan that is not a MERS Mortgage Loan, the original recorded Mortgage and in the case of each MERS Mortgage Loan, the original Mortgage, noting the presence of the MIN for that Mortgage Loan and either language indicating that the Mortgage Loan is a MOM Loan if the Mortgage Loan is a MOM Loan, or if such Mortgage Loan was not a MOM Loan at origination, the original Mortgage and the assignment to MERS, with evidence of recording thereon. If in connection with any Mortgage Loan, the Seller has not delivered or caused to be delivered the original Mortgage with evidence of recording thereon on or prior to the Closing Date because of a delay caused by the public recording office where such Mortgage has been delivered for recordation or because such Mortgage has been lost or because such public recording office retains the original recorded Mortgage, the Seller shall deliver or cause to be delivered to the Purchaser or the Purchaser’s designee, (i) in the case of a delay caused by the public recording office, a copy of such Mortgage certified by the Seller to be a true and complete copy of the original recorded Mortgage and (ii) in the case where a public recording office retains the original recorded Mortgage or in the case where a Mortgage is lost after recordation in a public recording office, a copy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage. 3. In the case of each Mortgage Loan closing statementthat is not a MERS Mortgage Loan, a duly executed Assignment of Mortgage, from the Seller in blank, which assignment shall be in form and substance acceptable for recording. 4. Verification The title insurance policy shall be delivered to the Purchaser or its designee promptly upon receipt thereof by the Seller but in no event later than the time specified in Subsection 6.03 of employment and income, if applicablethe Agreement. 5. Verification Recorded originals of acceptable any intervening assignments, showing a complete chain of title from the originator to the Seller (or to MERS, if the Mortgage Loan is registered on the MERS System), with evidence of source and amount of downpayment, if applicablerecording thereon. 6. Credit report on MortgagorOriginals of each assumption, modification, written assurance or substitution of liability agreement, if any. 7. Residential appraisal report. 8. Photograph of the Mortgaged Property.

Appears in 1 contract

Sources: Mortgage Loan Purchase and Servicing Agreement (Sequoia Residential Funding Inc)