Common use of Appointment of Office or Agency; Appointment of Custodian Clause in Contracts

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator will appoint an office or agency in the City of Minneapolis, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Master Servicer and the NIMS Insurer, appoint a Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodian, and the Depositor and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-He2), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2005-He1), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2005-He1)

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Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator Trustee will appoint an office or agency in the City of MinneapolisSt. Paul, Minnesota where xxxxe the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator Trustee in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Master Servicer and the NIMS Insurer, appoint a the Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a the Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, Custodian for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mort Asset Sec Transactions Inc Mastr as Bk Sec Tr 03 Nc1), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Cert Ser 2002-Nc1)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator Trustee will appoint an office or agency in the City of MinneapolisSt. Paul, Minnesota where xxxxe the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator Trustee in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Master Servicer and the NIMS Insurer, appoint a the Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Wells Fargo Bank Xxxxesota, National Trust Company Association as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a the Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, Custodian for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Cert Ser 2003 WMC)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator will appoint an office or agency in the City of Minneapolis, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Master Servicer and the NIMS Insurer, appoint a Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian Custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodian, and the Depositor and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2004-He1)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator Trustee will appoint an office or agency in the City of MinneapolisSt. Xxxx, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator Trustee in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Master Servicer and the NIMS Insurer, appoint a the Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Xxxxx Fargo Bank Minnesota, National Trust Company Association as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a the Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, Custodian for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Cert Se 03 WMC)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator Trustee will appoint an office or agency in the City of MinneapolisSt. Paul, Minnesota where wxxxx the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator Trustee in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Master Servicer and the NIMS Insurer, appoint a the Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company Wells Fargo Bank, X.X. as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a the Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, Custodian for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2004-Wmc2)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator will appoint an office or agency in the City of Minneapolis, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Servicer, the Master Servicer and the NIMS Insurer, appoint a Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated pursuant to the Custodial Agreement and a substitute Custodian appointed therefor upon the reasonable request of the Servicer, the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company is hereby appointed as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor Depositor, the Servicer and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a the Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Distribution Instructions (MASTR Asset Backed Securities Trust 2006-Am1)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator Trustee will appoint an office or agency in the City of MinneapolisSt. Xxxx, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator Trustee in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Master Servicer and the NIMS Insurer, appoint a the Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company Xxxxx Fargo Bank, N.A. as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a the Custodial Agreement and to enforce the terms 148 and provisions thereof against the Custodian, if applicable, Custodian for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Securitization Transactions, Inc. Mortgage Pass-Through Certificates, Series 2004-Wmc3)

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Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator will appoint an office or agency in the City of Minneapolis, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Servicer, the Master Servicer and the NIMS Insurer, appoint a Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of a Servicer, the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Welxx Xxrgo Bank, N.A. with respect to the Mortgage Loans originated by People’s Choice Home Loan, Inc., Mandalay Mortgage, First Street Financial, Inc., American Lending Group and Option One Mortgage Corporation, U.S. Bank National Association with respect to the Mortgage Loans originated by Fremont Investment & Loan and Deutsche Bank National Trust Company with respect to the Mortgage Loans originated by New Century Mortgage Corporation are hereby appointed as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodiana Custodian, and the Depositor Depositor, the Servicer and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a Custodial this Agreement and to enforce the terms and provisions thereof hereof against the Custodian, if applicable, for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a)) and Section 2.02, in no event shall the appointment of the Custodian pursuant to the Custodial this Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (MASTR Asset Backed Securities Trust 2006-He2)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator will appoint an office or agency in the City of Minneapolis, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Servicer, the Master Servicer and the NIMS Insurer, appoint a Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Servicer, the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company Xxxxx Fargo Bank, N.A. is hereby appointed as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor Depositor, the Servicer and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a Custodial this Agreement and to enforce the terms and provisions thereof hereof against the Custodian, if applicable, for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial this Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Fre1)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator will appoint an office or agency in the City of Minneapolis, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Servicer, the Master Servicer and the NIMS Insurer, appoint a Custodian pursuant to this Agreement or the Custodial Agreement, as applicable, to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated pursuant to this Agreement or the Custodial Agreement, as applicable, and a substitute Custodian appointed therefor upon the reasonable request of the Servicer, the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Xxxxx Fargo Bank, N.A., in executing this Agreement as Trust Administrator and Master Servicer, is hereby appointed and agrees to act as Custodian under the terms of this Agreement with respect to the Mortgage Loans originated by EquiFirst Corporation, Decision One Mortgage Company, LLC and First NLC Financial Services, LLC. Deutsche Bank National Trust Company Company, pursuant to the Custodial Agreement, is hereby appointed and agrees to act as Custodian for with respect to the Deutsche Bank Files and Mortgage Loans originated by New Century Mortgage Corporation. The Depositor, the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodian, and the Depositor Servicer and the Master Servicer each hereby consent to such appointmentappointments. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a Custodial this Agreement and to enforce the terms and provisions thereof hereof against the Custodian, if applicable, for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a)) and Section 2.02, in no event shall the appointment of the Custodian pursuant to this Agreement or the Custodial Agreement Agreement, as applicable, diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (MASTR Asset Backed Securities Trust 2006-He5)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator will appoint an office or agency in the City of Minneapolis, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Servicer, the Master Servicer and the NIMS Insurer, appoint a Custodian pursuant to a Custodial Agreement to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated pursuant to the Custodial Agreement and a substitute Custodian appointed therefor upon the reasonable request of the Servicer, the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company is hereby appointed as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor Depositor, the Servicer and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a the Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a)) and Section 2.02, in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Nc2)

Appointment of Office or Agency; Appointment of Custodian. The Trust Administrator Trustee will appoint an office or agency in the City of MinneapolisSt. Xxxx, Minnesota where the Certificates may be surrendered for registration of transfer or exchange, and presented for final distribution, and where notices and demands to or upon the Trust Administrator Trustee in respect of the Certificates and this Agreement may be served. The Trustee may, with the consent of the Depositor, the Master Servicer and the NIMS Insurer, appoint a the Custodian to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into the Custodial Agreement. The appointment of the Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer or the NIMS Insurer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee initially appoints Deutsche Bank National Trust Company Xxxxx Fargo Bank, N.A. as Custodian for the Deutsche Bank Files and the Trust Administrator as custodian for all but one of the remainder of the Files, which the Trustee shall hold as custodianCustodian, and the Depositor and the Master Servicer each consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of a the Custodial Agreement and to enforce the terms and provisions thereof against the Custodian, if applicable, Custodian for the benefit of the Certificateholders having an interest in any Mortgage File held by the Custodian. The Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Subject to Section 8.02(a), in no event shall the appointment of the Custodian pursuant to the Custodial Agreement diminish the obligations of the Trustee hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2004-Fre1)

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