Common use of Loan File Clause in Contracts

Loan File. On the Closing Date, Seller shall deliver to Buyer, or its designated custodian, the Loan File with respect to each Transferred Loan sold to Buyer, which shall include the following Loan Documents: (i) The original Note, or, if not available, a lost note affidavit and indemnity in form and substance acceptable to Buyer, endorsed to the order of Buyer pursuant to an allonge or endorsement in form and substance acceptable to Buyer and signed, by facsimile or manual signature, in the name of Seller by an authorized officer of Seller; (ii) Original policy of title insurance and all applicable endorsements thereto (or a true and correct copy thereof); (iii) Original guarantee, if any, or, if not available, a lost guarantee affidavit and indemnity in form and substance acceptable to Buyer, for each Mortgage and any Collateral; (iv) Originals of all modification or forbearance agreements (or true and correct copies thereof), if any; (v) If the Transferred Loan is secured by a Mortgage: (A) the original Mortgage, with evidence of recording thereon, or a copy of the Mortgage certified by the public recording office in those instances where the original recorded Mortgage has been lost or retained by the public recording office, and (B) an original recorded Assignment of Mortgage from Seller to Buyer in form and substance acceptable to Buyer; (vi) If the Transferred Loan is secured by Collateral: (A) all Security Documents or, if any original Security Document has been lost, a copy of such Security Document certified as being a true, correct and complete copy by an authorized officer of Seller, (B) true, correct and complete originals of stock certificates, certificates of deposit, etc. which make up the Collateral, and (C) the original recorded Assignment of Security Document from Seller to Buyer in form and substance acceptable to Buyer; (vii) If applicable, either: (A) originals of all recorded intervening assignments, if any, showing the ultimate transfer of title from the originator to Seller, (with evidence of recording thereon, if applicable), or (B) copies of any recorded assignments certified by the public recording office in any instances where the original recorded assignments have been lost or retained by the public recording office; (viii) An assignment of each UCC-1 financing statement related to the Transferred Loans conforming to applicable law and custom and acceptable in form and substance to Buyer in its reasonably discretion; and (ix) On or prior to the applicable Servicing Transfer Date (and otherwise in compliance with all Applicable Laws, including RESPA with respect to Residential Loans), Seller shall send a letter advising each Borrower of the assignment of the Transferred Loan to Buyer, in form and substance acceptable to Buyer.

Loan File. On the Closing Date, or in the case of any original assignment documents, as soon as possible but in no event later than sixty (60) days following the Closing Date, Seller shall deliver to Buyer, or its designated custodian, the Loan File with respect to each Transferred Residential Loan sold to Buyer, which shall include the following Loan Documents: (i) The original Note, or, if not available, a lost note affidavit and indemnity in form and substance acceptable to Buyer, endorsed to the order of Buyer pursuant to an allonge or endorsement in form and substance acceptable to Buyer and signed, by facsimile or manual signature, in the name of Seller by an authorized officer of Seller; (ii) Original policy of title insurance and all applicable endorsements thereto (or a true and correct copy thereof); (iii) Original guaranteeguaranty, if any, or, if not available, a lost guarantee affidavit and indemnity in form and substance acceptable to Buyer, for each Mortgage and any CollateralCollateral (or a true and correct copy thereof); (iv) Originals of all modification or forbearance agreements (or true and correct copies thereof), if any; (v) If the Transferred Residential Loan is secured by a Mortgage: (A) the original Mortgage, with evidence of recording thereon, or a copy of the Mortgage certified by the public recording office in those instances where the original recorded Mortgage has been lost or retained by the public recording office, and (B) an original recorded Assignment of Mortgage from Seller to Buyer in form and substance acceptable to Buyer; (vi) If the Transferred Residential Loan is secured by Collateral: (A) all Security Documents or, if any original Security Document has been lost, a copy of such Security Document certified as being a true, correct and complete copy by an authorized officer of Seller, (B) true, correct and complete originals of stock certificates, certificates of deposit, etc. which make up the Collateral, and (C) the original recorded Assignment of Security Document from Seller to Buyer in form and substance acceptable to Buyer; (vii) If applicable, either: (A) originals of all recorded intervening assignments, if any, showing the ultimate transfer of title from the originator to Seller, (with evidence of recording thereon, if applicable), or (B) copies of any recorded assignments certified by the public recording office in any instances where the original recorded assignments have been lost or retained by the public recording office;; and (viii) An an assignment of each UCC-1 financing statement related to the Transferred Residential Loans conforming to applicable law and custom and acceptable in form and substance to Buyer in its reasonably discretion; and (ix) On or prior to the applicable Servicing Transfer Date (and otherwise in compliance with all Applicable Laws, including RESPA with respect to Residential Loans), Seller shall send a letter advising each Borrower of the assignment of the Transferred Loan to Buyer, in form and substance acceptable to Buyer.

Loan File. On the Closing Date, or in the case of any original assignment documents, as soon as possible but in no event later than sixty (60) days following the Closing Date, Seller shall deliver to Buyer, or its designated custodian, the Loan File with respect to each Transferred Commercial Loan sold to Buyer, which shall include the following Loan Documents: (i) The original Note, or, if not available, a lost note affidavit and indemnity in form and substance acceptable to Buyer, endorsed to the order of Buyer pursuant to an allonge or endorsement in form and substance acceptable to Buyer and signed, by facsimile or manual signature, in the name of Seller by an authorized officer of Seller; (ii) Original policy of title insurance and all applicable endorsements thereto (or a true and correct copy thereof); (iii) Original guaranteeguaranty, if any, or, if not available, a lost guarantee affidavit and indemnity in form and substance acceptable to Buyer, for each Mortgage and any CollateralCollateral (or a true and correct copy thereof); (iv) Originals of all modification or forbearance agreements (or true and correct copies thereof), if any; (v) If the Transferred Commercial Loan is secured by a Mortgage: (A) the original Mortgage, with evidence of recording thereon, or a copy of the Mortgage certified by the public recording office in those instances where the original recorded Mortgage has been lost or retained by the public recording office, and (B) an original recorded Assignment of Mortgage from Seller to Buyer in form and substance acceptable to Buyer; (vi) If the Transferred Commercial Loan is secured by Collateral: (A) all Security Documents or, if any original Security Document has been lost, a copy of such Security Document certified as being a true, correct and complete copy by an authorized officer of Seller, (B) true, correct and complete originals of stock certificates, certificates of deposit, etc. which make up the Collateral, and (C) the original recorded Assignment of Security Document from Seller to Buyer in form and substance acceptable to Buyer; (vii) If applicable, either: (A) originals of all recorded intervening assignments, if any, showing the ultimate transfer of title from the originator to Seller, (with evidence of recording thereon, if applicable), or (B) copies of any recorded assignments certified by the public recording office in any instances where the original recorded assignments have been lost or retained by the public recording office;; and (viii) An an assignment of each UCC-1 financing statement related to the Transferred Commercial Loans conforming to applicable law and custom and acceptable in form and substance to Buyer in its reasonably discretion; and (ix) On or prior to the applicable Servicing Transfer Date (and otherwise in compliance with all Applicable Laws, including RESPA with respect to Residential Loans), Seller shall send a letter advising each Borrower of the assignment of the Transferred Loan to Buyer, in form and substance acceptable to Buyer.

Loan File. On the Closing Date, Seller shall deliver to Buyer, or its designated custodian, the Loan File with respect to each Transferred Loan sold to Buyer, which shall include the following Loan Documents: (i) The original Note, or, if not available, a true, correct and complete copy of the Note and a lost note affidavit and indemnity in form and substance acceptable to Buyer, endorsed to the order of Buyer pursuant to an allonge or endorsement in form and substance acceptable to Buyer and signed, by facsimile or manual signature, in the name of Seller by an authorized officer of Seller; (ii) Original policy of title insurance and all applicable endorsements thereto (or a true and correct copy thereof); (iii) Original guaranteeguaranty for each Mortgage and any Collateral, if any, or, or if not available, a true, correct and complete copy of the guaranty and a lost guarantee guaranty affidavit and indemnity in form and substance acceptable to Buyer, for each Mortgage and any Collateral; (iv) Originals of all modification or forbearance agreements (or true and correct copies thereof), if any; (v) If the Transferred Loan is secured by a Mortgage: (A) the original Mortgage, with evidence of recording thereon, or a copy of the Mortgage certified by the public recording office in those instances where the original recorded Mortgage has been lost or retained by the public recording office, and (B) an original recorded Assignment of Mortgage from Seller to Buyer in form and substance acceptable to Buyer; (vi) If the Transferred Loan is secured by Collateral: (A) all Security Documents or, if any original Security Document has been lost, a copy of such Security Document certified as being a true, correct and complete copy by an authorized officer of Seller, (B) true, correct and complete originals of stock certificates, certificates of deposit, etc. which make up the Collateral, and (C) the original recorded Assignment of Security Document from Seller to Buyer in form and substance acceptable to Buyer; (vii) If applicable, either: (A) originals of all recorded intervening assignments, if any, showing the ultimate transfer of title from the originator to Seller, (with evidence of recording thereon, if applicable), or (B) copies of any recorded assignments certified by the public recording office in any instances where the original recorded assignments have been lost or retained by the public recording office; (viii) An an assignment of each UCC-1 financing statement related to the Transferred Loans conforming to applicable law and custom and acceptable in form and substance to Buyer in its reasonably discretion; and (ix) On or prior to the applicable Servicing Transfer Date (and otherwise in compliance with all Applicable Laws, including RESPA with respect to Residential Loans), Seller shall send a letter advising each Borrower of the assignment of the Transferred Loan to Buyer, in form and substance acceptable to Buyer.