Common use of Annual Statement of Compliance Clause in Contracts

Annual Statement of Compliance. Within 120 days after December 31st of each year, commencing December 1998, the Master Servicer at its own expense (other than with respect to clause (iii) below), shall deliver to the Trustee, with a copy to the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review of such reports (unless the Servicing Officer has reason to believe that reliance on such reports is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a Sub-Servicer has failed to perform and fulfill its duties, responsibilities and obligations under its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

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Annual Statement of Compliance. Within 120 days after December 31st of each year, commencing December 1998, the each Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the such Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the such Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the such Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement Servicer, if any, during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the each Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the such Master Servicer should the such Master Servicer fail to provide such copies.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)

Annual Statement of Compliance. Within 120 days after ------------------------------ December 31st 31 of each year, commencing December 19981997, the Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement during the Sub-Sub- Servicer's most recently ended fiscal year on or prior to such December 31st 31 and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub- Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Icifc Secured Assets Corp), Pooling and Servicing Agreement (Icifc Secured Assets Corp)

Annual Statement of Compliance. Within 120 days after December 31st By April 30 of each year, commencing December 1998April 30, 200[ ], the Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st 31 of the preceding year and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)

Annual Statement of Compliance. Within 120 days after December 31st 31 of each year, commencing December 19981996, the Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st 31 and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)

Annual Statement of Compliance. Within 120 days after December 31st the last day of each yearfiscal year of the Master Servicer, currently November 30, commencing December 1998November 2002, the Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating AgenciesAgency and the Certificate Insurer, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement Servicer, if any, during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st November 30th and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Annual Statement of Compliance. Within 120 days after December 31st the last day of each yearfiscal year of the Master Servicer, currently _________, commencing December 1998in ______, the Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement Servicer, if any, during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Samco Mortgage Securities Corp)

Annual Statement of Compliance. Within 120 days after December 31st of each year, commencing December 1998, the each Master Servicer Servicer, at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Certificate Trustee, with a copy to the Rating Agencies, an a Servicing Officer's Certificate certificate stating, as to the signer thereof, that (i) a review of the activities of the such Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the such Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the such Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by each Sub-such Master Servicer pursuant to the applicable Sub-Servicing this Agreement during the Sub-such Master Servicer's most recently ended fiscal year on or prior to such December 31st has been made under such Servicing Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review of such reports (unless the Servicing Officer has reason to believe that reliance on such reports is not justified), either nothing has come to the attention of such Servicing Officer that would cause such Servicing Officer to believe that a Sub-such Master Servicer has failed to perform and fulfill its duties, responsibilities and obligations under its Sub-Servicing this Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CMC Securities Corp Iii)

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Annual Statement of Compliance. Within 120 days after December 31st of each year, commencing December 1998, the Master Servicer at its own expense (other than with respect to clause (iii) below), shall deliver to the Certificate Trustee, with a copy to the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st has been made under such Officerofficer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review of such reports (unless the Servicing Officer has reason to believe that reliance on such reports is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a Sub-Servicer has failed to perform and fulfill its duties, responsibilities and obligations under its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Certificate Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CMC Securities Corp Iii)

Annual Statement of Compliance. Within 120 days after December 31st of each year, commencing December 19981999, the each Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the such Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the such Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the such Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement Servicer, if any, during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the each Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the such Master Servicer should the such Master Servicer fail to provide such copies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Annual Statement of Compliance. Within 120 days after December 31st the last day of February of each yearyear in the case of the initial Master Servicer or the last day of the fiscal year of any successor master servicer, commencing December 1998in 1999, the Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating AgenciesAgency, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement Servicer, if any, during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st end of February or other fiscal year and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)

Annual Statement of Compliance. Within 120 days after December 31st the end of each yearof its fiscal years (currently November 30), commencing December 1998with its fiscal year ending in 2003, the Master Servicer at its own expense (other than with respect to clause (iii) below)expense, shall deliver to the Trustee, with a copy to the Rating AgenciesAgencies and the Certificate Insurers, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding fiscal year or applicable portion thereof and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the reports required to be furnished by activities of each Sub-Servicer pursuant to the applicable Sub-Servicing Agreement Servicer, if any, during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31st and its performance under its Sub-Servicing Agreement has been made under such Officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of such reports an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such reports certification is not justified), either nothing has come to the attention of such Officer that would cause such Officer to believe that a each Sub-Servicer has failed to perform performed and fulfill fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders upon request or by the Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies. The Master Servicer will notify the Trustee in writing of any change in the Master Servicer's fiscal year.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003 -Abf1)

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