Common use of Release for Servicing Clause in Contracts

Release for Servicing. (a) From time to time and as appropriate for the servicing of any of the Purchased Mortgage Loans, the Custodian shall, upon receipt of a Request for Release of Documents and Receipt in the form of Exhibit 3 attached hereto (“Request for Release”), release or cause to be released to the Seller or the Seller’s Authorized Representative the related Mortgage File or the documents of the related Mortgage File set forth in such Request for Release. The Seller shall send a copy of any such Request for Release to the Buyer. Any document released to the Seller or the Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the Seller to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the Seller or, upon the Seller’s Written Instructions, the Seller’s Authorized Representative, pursuant to this Section 7 shall be held by the Seller or the Seller’s Authorized Representative, as applicable, in trust for the benefit of the Buyer. The Seller or the Seller’s Authorized Representative, as applicable, shall return to the Custodian the Mortgage File or other such documents from Mortgage Files when the need therefor in connection with such servicing no longer exists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated, in which case, the Seller or, if the Mortgage File or documents were released to the Seller’s Authorized Representative, the Seller’s Authorized Representative shall deliver to the Custodian an additional Request for Release that has been acknowledged and agreed to by the Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from the Seller, the Custodian shall return the related Request for Release to the Seller, with a copy to the Buyer, acknowledging receipt of such Mortgage File or other such documents.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian shall, upon receipt of two copies (or electronic receipt) from a Request Servicer or the Master Servicer of a request for Release release of Documents documents and Receipt receipt in the form of annexed hereto as Exhibit 3 attached hereto (“Request for Release”)3, release or cause to be released such other form in electronic format acceptable to the Seller Custodian, within five (5) Business Days release to such Servicer or the Seller’s Authorized Representative Master Servicer, as applicable, the related Mortgage Custodial File or the documents of the related Mortgage File set forth in such Request for Releaserequest. The Seller shall send a copy of any such Request for Release to the Buyer. Any document All documents so released to the Seller such Servicer or the Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the Seller to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the Seller or, upon the Seller’s Written Instructions, the Seller’s Authorized Representative, pursuant to this Section 7 Master Servicer shall be held in trust by the Seller such Servicer or the Seller’s Authorized Representative, as applicable, in trust Master Servicer for the benefit of the BuyerTrustee in accordance with the terms of this Agreement. The Seller Such Servicer or the Seller’s Authorized Representative, as applicable, Master Servicer shall return to the Custodian the Mortgage Custodial File or other such documents from Mortgage Files when the Servicer's or Master Servicer's need therefor in connection with such foreclosure or servicing no longer exists (but in any event no later than 10 Business Days from the date on such Request for Release)exists, unless the Mortgage Loan shall be liquidated, liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation in the Seller orform annexed hereto as Exhibit 3, or such other form acceptable to the Custodian, the request and receipt submitted pursuant to the first sentence of this Section 7 shall be released by the Custodian to such Servicer or the Master Servicer. In connection with the related Servicer's processing of a payoff request for a Mortgage Loan, if required by such Servicer in order to calculate the prepayment penalties, if any, to be charged in connection with such payoff, such Servicer may submit a request for release of documents and receipt in the form annexed as Exhibit 3, with item (5) checked and stating that the Servicer requests a copy of the note rider or other document in the Custodial File describing the prepayment penalty. The Custodian will provide to such Servicer a facsimile (or other electronic copy) of the document so requested within 24 hours following the receipt of such request; provided that, if the Mortgage Custodian receives more than twenty-five (25) such payoff requests on any single Business Day, the Custodian will use reasonable efforts to provide such requested documents as soon as practicable following receipt of such requests. In addition, from time to time and as requested by the Trustee, the Custodian is hereby authorized, upon written receipt of two copies (or electronic receipt) from the Trustee, of a request for release of documents in substantially the form annexed hereto as Exhibit 3, or such other form in electronic format acceptable to the Custodian, to release to the Trustee or its designee the related Custodial File or the documents were set forth in such request. In order to facilitate the administration of certain customary servicing functions with respect to any Mortgage Loans for which the related Mortgage has been assigned to the Trustee as provided herein, the Trustee shall simultaneously with the execution and delivery of this Agreement, and thereafter from time to time upon request of the related Servicer, execute and deliver a reasonable number of originals of a limited power of attorney, appointing as attorney-in-fact either the Servicer or, at the Servicer's discretion, an agent of the Servicer, substantially in the form attached hereto as Exhibit 7. Each Servicer shall indemnify the Trust Fund, the Trustee and its officers, directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Trust Fund or the Trustee as a result of the related Servicer's use or misuse of such power of attorney and/or the release of any Mortgage Loans or Custodial Files to the related Servicer or the retention of the Mortgage Loans and Custodial Files by the related Servicer or any of its Affiliates; provided, however, the related Servicer shall not be liable to any of the foregoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, bad faith or negligence of such Person. The provisions of this Section 7 shall survive the termination of this Agreement and/or the termination or resignation of the related Servicer. The foregoing provisions respecting release to the related Servicer and the Master Servicer of the Custodial Files and documents by the Custodian upon request by the related Servicer or the Master Servicer shall be operative only to the extent that at any time the Custodian shall not have released to the Seller’s Authorized Representativerelated Servicer or the Master Servicer active Custodial Files or documents (including those requested) pertaining to more than two-hundred (200) Mortgage Loans at the time being held by the Custodian under this Agreement. Any additional Custodial Files or documents requested to be released by the related Servicer or the Master Servicer may be released only upon written authorization of the Company, the Seller’s Authorized Representative which authorization shall deliver not be unreasonably withheld. The limitations of this paragraph shall not apply to the Custodian an additional Request for Release that has been acknowledged and agreed release of Custodial Files to by the Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from Servicer under Section 8 below. In addition to the Sellerforegoing releases, the Custodian shall return shall, upon receipt of two copies (or electronic receipt) from the related Request Seller a request for Release release in the form annexed hereto as Exhibit 3, or such other form in electronic format acceptable to the SellerCustodian, with a copy within five (5) Business Days release to the Buyer, acknowledging receipt Seller the assignment of mortgage referred to in Section 2(b) for each Mortgage Loan for purposes of submitting such Mortgage File or other such documentsassignment for recordation in accordance with Section 2.

Release for Servicing. (a) From time to time and as appropriate for the enforcement or servicing of any Loan Asset (including for the purposes of correcting non-compliance of any Loan Asset with the Review Criteria), the Collateral Custodian is hereby authorized (unless and until such authorization is revoked by the Administrative Agent (acting at the direction of the Purchased Mortgage Loans, the Custodian shallMajority Lenders)), upon written receipt from the Portfolio Asset Servicer of a Request request for Release release of Documents documents and Receipt receipt in the form of Exhibit 3 attached hereto F (“Request for Release”which, in the case of correcting non-compliance of any Loan Asset with the Review Criteria or if necessary in connection with a repayment of the applicable Loan Asset, shall be delivered at the instruction of the Borrower), to release or cause to be released to the Seller Portfolio Asset Servicer, the Borrower or the Seller’s Authorized Representative a Subsidiary Guarantor, as applicable, within two Business Days of receipt of such request, the related Mortgage Loan Asset File or the documents of the related Mortgage File set forth in such Request for Releaserequest. The Seller shall send a copy of any such Request for Release to the Buyer. Any document All documents so released to the Seller or the Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the Seller to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the Seller or, upon the Seller’s Written InstructionsPortfolio Asset Servicer, the Seller’s Authorized RepresentativeBorrower or such Subsidiary Guarantor, pursuant to this Section 7 as applicable, shall be held by the Seller or the Seller’s Authorized Representative, as applicable, it in trust for the benefit of the BuyerAdministrative Agent, on behalf of the Secured Parties, in accordance with the terms of this Agreement. The Seller Portfolio Asset Servicer (or the Seller’s Authorized RepresentativeBorrower or such Subsidiary Guarantor, as applicable, ) shall return to the Collateral Custodian the Mortgage such Loan Asset File or other such documents from Mortgage Files (i) promptly upon the request of the Administrative Agent (acting at the direction of the Initial Lender) or (ii) when the Portfolio Asset Servicer’s (or the Borrower’s or such Subsidiary Guarantor’s) need therefor in connection with such enforcement or servicing no longer exists (but in any no event no later longer than 10 20 calendar days) following receipt thereof or, if such day is not a Business Days from Day, on the date on immediately preceding Business Day, or such Request for Release)additional period of time as the Administrative Agent (at the direction of the Initial Lender) agrees in its sole discretion, unless the Mortgage related Loan shall be Asset is liquidated, in which case, the Seller or, if the Mortgage File or Portfolio Asset Servicer shall deliver an additional request for release of documents were released to the Seller’s Authorized Representative, Collateral Custodian and receipt certifying such liquidation from the Seller’s Authorized Representative shall deliver Portfolio Asset Servicer to the Custodian an additional Request Administrative Agent, all in the form of Exhibit F. All Electronic Loan Asset Files in the Collateral Custodian’s possession that are requested for Release that has been acknowledged release pursuant to this section for a permanent reason will be removed and agreed to by the Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents deleted from the Seller, Collateral Custodian’s electronic storage facilities in accordance with the Custodian shall return the related Request for Release to the Seller, with a copy to the Buyer, acknowledging receipt Collateral Custodian’s customary retention and purging policies and procedures of such Mortgage File or other such documentselectronic files and data.

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian shallis hereby authorized, upon receipt of a Request for Release of Documents and Receipt in the form of Exhibit 3 2 attached hereto (“"Request for Release”"), with a copy to ------------------- the applicable Registered Holder and, if Buyer is not the applicable Registered Holder at such time, Buyer, to release or cause to be released to the Seller or the Seller’s 's Authorized Representative the related Mortgage File or the documents of the related Mortgage File set forth in such Request for Release. The Seller shall send a copy of ; provided, that any such Request for Release to the Buyer. Any document released to the Seller or the Seller’s 's Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days thirty (30) days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the Seller to so return any such document. . (b) All Mortgage Files or documents from of Mortgage Files released by the Custodian to the Seller or, upon at the Seller’s Written Instructions's written direction, the Seller’s 's Authorized Representative, Representative pursuant to this Section 7 9 shall be held by the Seller or the Seller’s 's Authorized Representative, as applicable, in trust for the benefit of the Buyerrelated Registered Holder. The Seller or the Seller’s 's Authorized Representative, as applicable, shall return to the Custodian Custodian, the Mortgage File or other such documents from of Mortgage Files when the need therefor in connection with such foreclosure or servicing no longer exists (but in any event no later than 10 Business Days thirty (30) days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated, in which case, the Seller or, if the Mortgage File or documents were released to the Seller’s 's Authorized Representative, the Seller’s 's Authorized Representative shall deliver to the Custodian an additional Request for Release that has been acknowledged and agreed to by the Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from the Seller, the Custodian shall return the related Request for Release to the SellerBuyer, with a copy to the BuyerRegistered Holder, acknowledging receipt of such Mortgage File or other such documents.certifying such

Release for Servicing. (a) From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian shallis hereby authorized, upon written receipt from the applicable Servicer of a Request request for Release release of Documents documents and Receipt receipt in the form of annexed hereto as Exhibit 3 attached hereto (“Request for Release”)4, to release or cause to be released to the Seller or the Seller’s Authorized Representative related Servicer the related Mortgage File or the documents of the related Mortgage File set forth in such Request for Releaserequest and receipt. The Seller applicable Servicer shall send a copy of any such Request for Release to the Buyer. Any document released to the Seller or the Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the Seller to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the Seller or, upon the Seller’s Written Instructions, the Seller’s Authorized Representative, pursuant to this Section 7 shall be held by the Seller or the Seller’s Authorized Representative, as applicable, in trust for the benefit of the Buyer. The Seller or the Seller’s Authorized Representative, as applicable, shall promptly return to the Custodian the Mortgage File or other such documents from Mortgage Files when the related Servicer’s need therefor in connection with such servicing no longer exists (but in any event no later than 10 Business Days from the date on such Request for Release)exists, unless the related Mortgage Loan shall be liquidated, liquidated in which case, upon receipt of an additional request for release of documents and receipt certifying such liquidation from the Seller orapplicable Servicer to the Custodian in the form annexed hereto as Exhibit 4, if the applicable Servicer’s request and receipt submitted pursuant to the first sentence of this Section 8 shall be released by the Custodian to the applicable Servicer. If the Custodian fails to release the Mortgage File or documents were released to the Seller’s Authorized Representative, the Seller’s Authorized Representative shall deliver to the Custodian an additional Request for Release that has been acknowledged and agreed to by the Buyer certifying such liquidation. Upon within five (5) business days of receipt of the related request for release of documents, the Custodian, upon the written request of the applicable Servicer, will provide the Applicable Servicer with a lost note affidavit and indemnity; provided, however, that in the event such Mortgage File or other did not contain an original Mortgage Note and such documents from exception was duly reported on the Sellerdocument exception report attached to the interim certification, the Custodian shall will not be required to provide a lost note affidavit and indemnity. The Custodian agrees to indemnify the Servicer and the Trustee for the reasonable replacement cost of the file, as well as any actual penalties or charges resulting from the failure of the Custodian to return the related Request for Release to Mortgage Files within the Seller, with a copy to the Buyer, acknowledging receipt of such Mortgage File or other such documentstime frame described above.

Release for Servicing. (a) From time to time and as appropriate for the servicing of any of the Purchased Mortgage Loans, the Custodian shall, upon receipt of a Request for Release of Documents and Receipt in the form of Exhibit 3 attached hereto (“Request for Release”), release or cause to be released to the Seller Sellers or the Seller’s Sellers’ Authorized Representative the related Mortgage File or the documents of the related Mortgage File set forth in such Request for Release. The Each Seller shall send a copy of any such Request for Release to the Buyer. Any document released to the a Seller or the such Seller’s Authorized Representative pursuant to a Request for Release shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the a Seller to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the a Seller or, upon the such Seller’s Written Instructions, the such Seller’s Authorized Representative, pursuant to this Section 7 shall be held by the a Seller or the such Seller’s Authorized Representative, as applicable, in trust for the benefit of the Buyer. The Each Seller or the such Seller’s Authorized Representative, as applicable, shall return to the Custodian the Mortgage File or other such documents from Mortgage Files when the need therefor in connection with such servicing no longer exists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated, in which case, the a Seller or, if the Mortgage File or documents were released to the such Seller’s Authorized Representative, the such Seller’s Authorized Representative shall deliver to the Custodian an additional Request for Release that has been acknowledged and agreed to by the Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from the a Seller, the Custodian shall return the related Request for Release to the such Seller, with a copy to the Buyer, acknowledging receipt of such Mortgage File or other such documents.

Release for Servicing. (a) i. From time to time and as appropriate for the foreclosure or servicing of any of the Purchased Mortgage Loans, the Custodian shallis hereby authorized, upon written receipt from the Trustee of a request for release of documents and receipt in the form annexed hereto as EXHIBIT 3, to release to the Trustee the related Custodial File or the documents set forth in such request and receipt to the Trustee. The Trustee promptly shall return to the Custodian the Custodial File or other such documents when the Trustee's need therefor no longer exists, unless the related Mortgage Loan shall be liquidated in which case, upon receipt of a Request an additional request for Release release of Documents documents and Receipt receipt certifying such liquidation from the Trustee to the Custodian in the form of Exhibit 3 attached annexed hereto (“Request for Release”)as EXHIBIT 3, release or cause to be released the Trustee's request and receipt submitted pursuant to the Seller or the Seller’s Authorized Representative the related Mortgage File or the documents first sentence of the related Mortgage File set forth in such Request for Release. The Seller shall send a copy of any such Request for Release to the Buyer. Any document released to the Seller or the Seller’s Authorized Representative pursuant to a Request for Release this Section 8 shall be returned to the Custodian no later than 10 Business Days from the date on such Request for Release, and the Custodian shall notify the Buyer of any failure by the Seller to so return any such document. All Mortgage Files or documents from Mortgage Files released by the Custodian to the Seller orTrustee. ii. DLJMC shall indemnify the Custodian and each of their officers, upon directors and agents for any and all liabilities, obligations, losses, compensatory damages, payments, costs or expenses of any kind whatsoever that may be imposed on, incurred by or asserted against the Seller’s Written InstructionsCustodian as a result of the release of any Custodial Files to the Trustee; PROVIDED, HOWEVER, that DLJMC shall not be liable to any of the Seller’s Authorized Representativeforegoing Persons for any amount and any portion of any such amount resulting from the willful misfeasance, pursuant to bad faith or negligence of such Person. The provisions of this Section 7 8(b) shall be held by survive the Seller or the Seller’s Authorized Representative, as applicable, in trust for the benefit termination of the Buyer. The Seller or the Seller’s Authorized Representative, as applicable, shall return to the Custodian the Mortgage File or other such documents from Mortgage Files when the need therefor in connection with such servicing no longer exists (but in any event no later than 10 Business Days from the date on such Request for Release), unless the Mortgage Loan shall be liquidated, in which case, the Seller or, if the Mortgage File or documents were released to the Seller’s Authorized Representative, the Seller’s Authorized Representative shall deliver to the Custodian an additional Request for Release that has been acknowledged and agreed to by the Buyer certifying such liquidation. Upon receipt of the related Mortgage File or other such documents from the Seller, the Custodian shall return the related Request for Release to the Seller, with a copy to the Buyer, acknowledging receipt of such Mortgage File or other such documentsthis Custodial Agreement.