Custodial Agreement - 范本

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CUSTODIAL AGREEMENT

By and Among:

AMERICAN HOME MORTGAGE CORP.,

As a Seller,

And

AMERICAN HOME MORTGAGE SERVICING, INC.,

As a Seller and as the Servicer

And

AMERICAN HOME MORTGAGE ACCEPTANCE, INC.,

As a Seller

and

AMERICAN HOME MORTGAGE INVESTMENT CORP.,

As a Seller

and

CALYON NEW YORK BRANCH,

As Administrative Agent,

and

DEUTSCHE BANK NATIONAL TRUST COMPANY,

As Custodian

 

Dated as of November 21, 2006

 

全文目录如下:

详细内容见附件

 

ARTICLE I GENERAL TERMS

1.1 Certain Definitions.

ARTICLE II APPOINTMENT OF CUSTODIAN

2.1 Appointment.

2.2 Custodial Fees.

ARTICLE III COLLATERAL PROCEDURES

3.1 Mortgage Assets.

3.2 Delivery of Mortgage Assets to the Custodian.

3.3 Power of Attorney.

3.4 Transfer and Shipping of Mortgage Assets.

3.5 Releases of Mortgage Notes for Servicing.

3.6 [RESERVED].

3.7 Wet Purchases.

3.8 Mortgage Asset Reporting.

3.9 Further Obligations of the Custodian.

3.10 Segregation of Mortgage Assets.

3.11 Delivery of Required Documents to the Administrative Agent.

3.12 Hedge Reporting.

ARTICLE IV THE CUSTODIAN

4.1 Instructions to the Custodian.

4.2 Reliance by the Custodian; Responsibility of the Custodian.

4.3 Agents and Affiliates.

4.4 Successor Custodian.

4.5 Right of Inspection.

4.6 Accounting in Certain Circumstances.

ARTICLE V INDEMNIFICATION

5.1 Indemnities by the Servicer.

ARTICLE VI MISCELLANEOUS

6.1 Notices.

6.2 Amendments, Etc.

6.3 Invalidity.

6.4 Survival of Agreements.

6.5 Cumulative Rights.

6.6 Construction; Governing Law.

6.7 Successors and Assigns.

6.8 The Custodian Representations and Warranties.

6.9 [Reserved].

6.10 Counterparts.

6.11 No Proceedings.

6.12 Electronic Counterparts.

6.13 Waiver of Jury Trial.

6.14 Consent to Jurisdiction; Waiver of Immunities.

6.15 References to Repurchase Agreement.

6.16 Prior Collateral Agency Agreements.

 

SCHEDULES AND EXHIBITS

Schedule I

 

Mortgage Asset Review Functions- 3.2 (e)

Schedule II

 

Addresses and Notices- 6.1

Schedule III

 

Approved Take-Out Investors

 

 

Exhibit D-1

 

Definitions- 1

Exhibit D-2

 

[reserved]

Exhibit D-3

 

Form of Collection Account Control Agreement- 3.1 (b)

Exhibit D-4

 

Form of Assignment- 3.1 (c) and 3.2 (a)

Exhibit D-5

 

Form of Transfer Request

Exhibit D-5A

 

Form of Shipping Request

Exhibit D-6 (a)

 

Form of Bailee and Security Agreement Letter for Approved Take-Out Investors- 3.4 (b) (i)

Exhibit D-6 (b)

 

Form of Bailee and Security Agreement Letter for Pool Custodian 3.4 (b) (i)

Exhibit D-7

 

Form of Trustee Receipt and Security Agreement- 3.5

Exhibit D-8

 

Form of Custodian Daily Report- 3.8 (a)

Exhibit D-9

 

Purchase Report

Exhibit D-10

 

UCC Financing Statements- 3.1 (d)

Exhibit D-11

 

Collection Account Release Notice- 3.4 (a)

Exhibit D-12

 

Assignment of Trade

Exhibit D-13

 

Disbursement Account Control Agreement

附件:

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发布于 2021-11-16 18:19:16
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