Actions of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Certificate Administrator and, when required, to the Depositor, the Master Servicer or the Special Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Trustee, the Certificate Administrator, the Depositor, the Special Servicer and the Master Servicer, if made in the manner provided in this Section.
(b) The fact and date of the execution by any Certificateholder of any such instrument or writing may be proved in any reasonable manner which the Certificate Administrator deems sufficient.
(c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder shall bind every Holder of every Certificate issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, or omitted to be done, by the Trustee, the Certificate Administrator, the Depositor, the Special Servicer or the Master Servicer in reliance thereon, whether or not notation of such action is made upon such Certificate.
(d) The Certificate Administrator or Certificate Registrar may require such additional proof of any matter referred to in this Section 5.08 as it shall deem necessary.
Actions of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, when required, to the Depositor or the Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Trustee, the Depositor and the Servicer, if made in the manner provided in this Section.
(b) The fact and date of the execution by any Certificateholder of any such instrument or writing may be proved in any reasonable manner which the Trustee deems sufficient.
(c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder shall bind every Holder of every Certificate issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, or omitted to be done, by the Trustee, the Depositor or the Servicer in reliance thereon, whether or not notation of such action is made upon such Certificate.
(d) The Trustee or Certificate Registrar may require such additional proof of any matter referred to in this Section 5.06 as it shall deem necessary.
Actions of Certificateholders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Certificate Administrator and, where required, to the Depositor, the Trustee, the Servicer or the Special Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Certificate Administrator, the Trustee, the Depositor, the Servicer and the Special Servicer if made in the manner provided in this Section.
Actions of Certificateholders. 98 ARTICLE SEVEN THE SERVICER AND THE SELLER..............................................98
Actions of Certificateholders. 40 SECTION 12.6 Transferee's Agreement....................................40
Actions of Certificateholders. 68 Section 6.9 Determination of One-Month LIBOR........................................................ 69
Actions of Certificateholders. 161 Section 14.15 Grant of Security Interest....................... 162 EXHIBIT A CONTENTS OF MORTGAGE FILE EXHIBIT B-1 FORM OF CLASS 1A CERTIFICATE EXHIBIT B-2 FORM OF CLASS 2A CERTIFICATE EXHIBIT B-3 FORM OF CLASS R CERTIFICATE EXHIBIT B-4 FORM OF REVERSE OF CERTIFICATE EXHIBIT C PRINCIPAL AND INTEREST ACCOUNT LETTER AGREEMENT EXHIBIT D RESALE CERTIFICATION EXHIBIT E ASSIGNMENT EXHIBIT E(1) WIRING INSTRUCTIONS FORM EXHIBIT F FORM OF TRUSTEE INITIAL CERTIFICATION EXHIBIT F-1 FORM OF TRUSTEE INTERIM CERTIFICATION EXHIBIT G FORM OF TRUSTEE FINAL CERTIFICATION EXHIBIT H-1 MORTGAGE LOAN SCHEDULE FOR SUB-POOL 1 EXHIBIT H-2 MORTGAGE LOAN SCHEDULE FOR SUB-POOL 2 EXHIBIT I REQUEST FOR RELEASE OF DOCUMENTS EXHIBIT J TRANSFER AFFIDAVIT EXHIBIT J-1 FORM OF TRANSFER CERTIFICATE EXHIBIT K SPECIAL POWER OF ATTORNEY EXHIBIT L CUSTODIAL AGREEMENT EXHIBIT M FORM OF LIQUIDATION REPORT EXHIBIT N FORM OF DELINQUENCY REPORT EXHIBIT O CERTIFICATE INSURANCE POLICY EXHIBIT P PRINCIPAL PAYMENT TABLES EXHIBIT Q FORM OF SERVICER'S MONTHLY REMITTANCE REPORT TO TRUSTEE EXHIBIT R PROPOSED SUBSEQUENT MORTGAGE LOAN SCHEDULE EXHIBIT S MORTGAGE LOANS 30 OR MORE DAYS DELINQUENT EXHIBIT T SUBSEQUENT TRANSFER INSTRUMENT EXHIBIT U FORM OF ADDITION NOTICE EXHIBIT V OFFICER'S CERTIFICATE EXHIBIT W FORM OF AGREEMENT OF APPOINTMENT AND ACCEPTANCE OF SEPARATE TRUSTEE Agreement dated as of December 1, 1996, among LaSalle National Bank, as trustee (the "Trustee"), Superior Bank FSB, as depositor (the "Depositor"), and Xxx Servicing Company, a division of Superior Bank FSB, as servicer (the "Servicer").
Actions of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by their agents duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, when required, to the Depositor or the Master Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Trustee, the Depositor and the Master Servicer, if made in the manner provided in this Section. 62 (b) The fact and date of the execution by any Certificateholder of any such instrument or writing may be proved in any reasonable manner which the Trustee deems sufficient.
Actions of Certificateholders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by the Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, when required, to the Seller or the Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of the Agreement and conclusive in favor of the Trustee, the Seller and the Servicer, if made in the manner provided in this Section 5.13. 58 63 ARTICLE VI
Actions of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, when required, to the Depositor, the Special Servicer or the Master Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Trustee, the Depositor, the Special Servicer and the Master Servicer, if made in the manner provided in this Section. 137
(b) The fact and date of the execution by any Certificateholder of any such instrument or writing may be proved in any reasonable manner which the Trustee deems sufficient.
