![]() ![]() ![]() Notwithstanding the foregoing, Contractor may retain one (1) copy of the documentation and data, excluding County Data, for archival purposes or warranty support. If in the course of such review the Custodian identifies any Material Defect, the Seller shall be obligated to cure such Material Defect or to repurchase the related Mortgage Loan from the Depositor (or, at the direction of and on behalf of the Depositor, from the Trust Fund), or to substitute a Qualifying Substitute Mortgage Loan therefor, in each case to the same extent and in the same manner as the Depositor is obligated to the Trustee and the Trust Fund under Section 2.02(c) of the Trust Agreement.Īpproval of Documentation The form and substance of all certificates, instruments and other documents delivered to Buyer under this Agreement shall be satisfactory in all reasonable respects to Buyer and its counsel.ĭelivery of Documentation Contractor shall deliver to County or its designee, at County’s request, all documentation and data related to County, including, but not limited to, the County Data and client files, held by Contractor, and Contractor shall destroy all copies thereof not turned over to County, all at no charge to County. The Custodian is required to review, within 45 days following the Closing Date, each applicable Mortgage File. Bank National Association (the “Custodian”), for the Depositor. Review of Documentation The Depositor, by execution and delivery hereof, acknowledges receipt of the Mortgage Files pertaining to the Mortgage Loans listed on the Mortgage Loan Schedule, subject to review thereof by the custodian, U.S. The Council will then review the dispute and offer its views on the situation to the FHWA and/or to the involved consulting parties. The FHWA, or any involved consulting party, has the option of asking the Council to review any disputes that may arise over the adequacy of documentation that has been prepared. If the Council (or the SHPO, if the Council is not involved), upon review of proje ct documentation, determines that it does not meet the standards of this section, then the Council (or SHPO) will notify the FHWA of the deficiency and proceed to specify what information needs to be added or revised in order to be acceptable. That is, the level of detail expected in a Phase 1 report is, by definition (See pages 14 - 15), less than that expected for a Phase 2 report a Phase 2 is less than for a Phase 3 report. This requirement is flexible with regard to Historic Property identifications or significance evaluations being conducted on a ‘ phased’ basis. However, under the regulations, the FHWA does have the responsibility to check and ensure that written ‘ determinations,’ ‘ findings’ or ‘ agreements’ prepared by the DOT or its consultants for Section 106 are supported by sufficient documentation to enable any other reviewing party to understand their basis. As a practical matter, the FHWA does not so review each and every piece of correspondence and report generated between the DOT and its consultants, or the DOT and SHPO. Adequacy of Documentation. Under the ‘ partnership’ arrangement between the FHWA and the DOT for completing the Section 106 process in Iowa, and the formal letter of notification to the SHPO of March 1, 2001, the DOT normally prepares the various items of documentation for each project processed, and the FHWA reviews it for adequacy. ![]()
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