Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fund. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 111 contracts
Samples: Pooling and Servicing Agreement (CSMC Mortgage Backed Trust Series 2007-1), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7), Pooling and Servicing Agreement (CSMC Trust 2007-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 6.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 85 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He5), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Master Servicer and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 52 contracts
Samples: Pooling and Servicing Agreement (Cwabs Asset-Backed Certificates Trust 2005-Im3), Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2007-5), Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2007-6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Securities Administrator, or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof, and (bii) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to actual knowledge by the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator Securities Administrator, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 43 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Sl1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Fm1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee and its counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 42 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2007-Sd1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Securities Administrator, or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicerthe Depositor, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 42 contracts
Samples: Trust Agreement (GSAA Home Equity Trust 2006-6), Trust Agreement (GSR Mortgage Loan Trust 2006-Oa1), Trust Agreement (GSR 2007-Oa2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Securities Administrator, or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof, and (bii) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to actual knowledge by the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator Securities Administrator, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 35 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-3), Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-Ar1), Pooling and Servicing Agreement (Deutsche Mortgage Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorCertificate Registrar, or the Trust Administrator Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicerthe Company, the Trustee Certificate Registrar and the Trust Administrator Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Certificate Registrar or the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, Class and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee and the Certificate Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 29 contracts
Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicerthe Trust Administrator, the Trustee and the Trust Administrator NIMS Insurer such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to the Trustee and actual knowledge by the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, purchaser or the Trust Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 27 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He2), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He4), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Nc3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Securities Administrator, or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Securities Administrator under the terms of this Section 6.03 shall be canceled and destroyed by the Securities Administrator in accordance with its standard procedures without liability on its part.
Appears in 26 contracts
Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2007-3), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Fm2), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Securities Administrator, or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicerthe Depositor, the Trustee Securities Administrator and the Trust Administrator Trustee such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 26 contracts
Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Wf1), Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (HASCO Trust 2007-He2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator NIMs Insurer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 26 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A6), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2005-Ffh1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Securities Administrator and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.037.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 7.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 7.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 21 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Asset Bk Cert Ser 03 Ac2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Ac2)
Mutilated, Destroyed, Lost or Stolen Certificates. If If:
(a) any mutilated Certificate is Certificates should be surrendered to the Trust AdministratorRegistrar, or if the Trust Administrator receives Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and Certificate; and
(b) there is shall be delivered to each Servicerthe Registrar, the Trustee Administrators and the Trust Administrator Institutional Trustee such security or indemnity as may be required by them to save keep each of them harmless, ; then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has shall have been acquired by a bona fide protected purchaser, an Administrator on behalf of the Trust Administrator shall executeexecute (and in the case of a Capital Security Certificate, authenticate the Institutional Trustee shall authenticate) and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Funddenomination. In connection with the issuance of any new Certificate under this Section 6.036.4, the Trust Administrator Registrar or the Administrators may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected connection therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible conclusive evidence of an ownership interest in the Trust Fundrelevant Securities, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 20 contracts
Samples: Declaration of Trust (State National Bancshares, Inc.), Declaration of Trust (First Community Bancorp /Ca/), Declaration of Trust (Coast Bancorp/Ca)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, or Securities Administrator and the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor the same Class and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.035.03, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 20 contracts
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-1), Pooling and Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fund. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 19 contracts
Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2007-1), Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2006-3), Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-10)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Master Servicer, the Trustee NIMS Insurer and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorAdministrator and its counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 18 contracts
Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-Hf2), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-Oa2), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each the Servicer, the Trustee Certificate Insurer and the Trust Administrator Trustee such security or indemnity as may reasonably be required by each of them to save each of them harmless, then, in the absence of notice to the Trustee Servicer and the Trust Administrator Trustee that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundPercentage Interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 6.034.03, the Trust Administrator Servicer and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the their fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 4.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 16 contracts
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to actual knowledge by the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, deliver in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust, Series 2005-Opt4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust, Series 2005-Opt3), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust 2005-Nc2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee and the Trust Administrator NIMS Insurer such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to actual knowledge by the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, purchaser or the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Securitization Transactions Inc), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-Nc2), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2005-Ff7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them the Trustee to save each of them the Trustee harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Ab1), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust, Series 2006-Bc5), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2005-Bc3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorCertificate Registrar, or the Trust Administrator Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each Servicer, the Certificate Registrar and the Trustee and the Trust Administrator such security or indemnity as may be required by them each to save each of them it harmless, then, then in the absence of notice to the Certificate Registrar or the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fundoriginal denomination. In connection with Upon the issuance of any new Certificate under this Section 6.039.04, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 9.04 shall constitute complete and indefeasible evidence of ownership in of the Trust FundPercentage Interest, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may reasonably be required by each of them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundPercentage Interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 6.034.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the their fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 4.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (Nations Banc Asset Sec Ins Asset Backed Cert Series 1997-1), Pooling and Servicing Agreement (Ace Securities Corp), Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is shall be surrendered to the Trust AdministratorOwner Trustee, or if the Trust Administrator receives Owner Trustee shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there is shall be delivered to each Servicer, the Owner Trustee and the Trust Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, then in the absence of notice to the Trustee and the Trust Administrator that such Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Administrator shall execute, execute and the Owner Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and interest in the Trust Funddenomination. In connection with the issuance of any new Certificate under this Section 6.0311.04, the Trust Administrator Owner Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected connection therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 11.04 shall constitute complete and indefeasible conclusive evidence of ownership in the Trust FundTrust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Samples: Trust and Servicing Agreement (Uacsc Auto Trusts Uacsc 1999-D Owner Trust Auto Rec Bac Note), Trust and Servicing Agreement (Uacsc Auto Trusts), Trust and Servicing Agreement (Uacsc 2001-a Owner Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicerthe Depositor, the Trustee Servicer and the Trust Administrator such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (SunTrust Mortgage Securitization, LLC), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorMaster Servicer, or the Trust Administrator Master Servicer receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator Master Servicer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator Master Servicer that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Master Servicer shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Master Servicer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorMaster Servicer) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Master Servicer under the terms of this Section 5.03 shall be canceled and destroyed by the Master Servicer in accordance with its standard procedures without liability on its part.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Master Servicer and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 6.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Series 2004 1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2004-2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Trustee or the Securities Administrator, or (ii) the Trust Trustee or the Securities Administrator receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.035.4, the Trust Trustee or the Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab1), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Af1), Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each Servicer, the Servicer and the Trustee and the Trust Administrator such security or indemnity as may reasonably be required by each of them to save each of them harmless, then, in the absence of notice to the Trustee Servicer and the Trust Administrator Trustee that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundPercentage Interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 6.034.03, the Trust Administrator Servicer and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the their fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 4.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Abfs Mort Loan Trust 2002-4 Mort Pass Thru Cert Ser 2002-4), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Abfs Mort Ln Tr 2002-3), Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(a) any mutilated Certificate is surrendered to the Trust AdministratorCertificate Registrar, or the Trust Administrator Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each Servicer, the Certificate Registrar and the Trustee and the Trust Administrator such security or indemnity as may be required by them each to save each of them it harmless, then, then in the absence of notice to the Certificate Registrar or the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fundoriginal denomination. In connection with Upon the issuance of any new Certificate under this Section 6.039.04, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 9.04 shall constitute complete and indefeasible evidence of ownership in of the Trust FundPercentage Interest, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each the Trustee, the Servicer, the Trustee Depositor and the Trust Administrator Seller such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor Class and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in of the Trust FundTrust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp Mort Pass THR Certs Ser 2001 3), Pooling and Servicing Agreement (Aames Capital Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each the Trustee, the Servicer, the Trustee Seller and the Trust Administrator Certificate Insurer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor Class and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in of the Trust FundTrust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Mortgage Trust 2000-2), Pooling and Servicing Agreement (Aames Capital Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator NIM Insurer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors, Inc. Series 2005-Bc1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Master Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorAdministrator and its counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-7), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-10), Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2004-11)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Master Servicer and the Trustee (and to MBIA with respect to the Trust Administrator Insured Retail Certificates) such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.3, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.3 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each the Servicer, the Trustee Certificate Insurer and the Trust Administrator Trustee such security or indemnity as may reasonably be required by each of them to save each of them harmless, then, in the absence of notice to the Trustee Servicer, the Certificate Insurer and the Trust Administrator Trustee that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fundrepresenting an equivalent beneficial ownership interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 6.034.3, the Trust Administrator Servicer and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the their fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 4.3 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Home Equity Securitization Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Securities Administrator, or (ii) the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.036.4, the Trust Trustee or the Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5), Pooling and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorServicer, or the Trust Administrator Servicer receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator Servicer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator Servicer that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Servicer shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Servicer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorServicer) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Servicer under the terms of this Section 5.03 shall be canceled and destroyed by the Servicer in accordance with its standard procedures without liability on its part.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Depositor, the Servicer, the Trustee Class A-2 Certificate Insurer and the Trust Administrator Trustee such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Mort Ps-THR Cer Ser 2003-Nc5), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2003 Nc2), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I MRT Ps THR CRT Ser 2003 Nc1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Servicer and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fund. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2002-S4), Pooling and Servicing Agreement (CSFB Mortgage Acceptance Corp Mort Pa THR Cert Ser 2002-Ftb1), Pooling and Servicing Agreement (Structured Asset Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Securities Administrator, or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Trustee Depositor and the Trust Securities Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.3, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.3 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Corp), Pooling and Servicing Agreement (Aegis Asset Backed Securities Corp), Pooling and Servicing Agreement (Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2005-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) except in the case of a mutilated Certificate so surrendered, there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundTrust. In connection with the issuance of any new Certificate under this Section 6.033.4, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 3.4 shall constitute complete and indefeasible evidence of ownership in the Trust FundTrust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Depositor for Series 1999-Fnv1), Pooling and Servicing Agreement (Heller Financial Commercial Mort Asset Corp Series 1999 Ph 2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee and their counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust FundIssuing Entity, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates Series 2006-5), Pooling and Servicing Agreement (OwnIt Mortgage Loan Trust Mortgage Loan Asset-Backed Certificates, Series 2006-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator Certificate Administrator, if any, such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 6.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. (i) If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each the Master Servicer[, the Trustee Certificate Insurer] and the Trust Administrator Trustee such security or indemnity as may reasonably be required by each of them to save each of them harmless, then, in the absence of notice to the Trustee Master Servicer[, the Certificate Insurer] and the Trust Administrator Trustee that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fundrepresenting an equivalent beneficial ownership interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 6.034.3, the Trust Administrator Master Servicer and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the their fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 4.3 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Bcap LLC), Pooling and Servicing Agreement (Bcap LLC), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator Certificate Administrator, if any, such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 6.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Bank of America National Trust & Saving Association), Pooling and Servicing Agreement (Bank of America National Trust & Saving Association), Pooling and Servicing Agreement (Greenpoint Financial Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Master Servicer and the Trustee (and with respect to the Trust Administrator Class A-4 Certificates, MBIA) such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (CWMBS Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorServicer, or the Trust Administrator Servicer receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee Servicer and the Trust Administrator NIM's Insurer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator Servicer that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Servicer shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Servicer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorServicer) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Servicer under the terms of this Section 5.03 shall be canceled and destroyed by the Servicer in accordance with its standard procedures without liability on its part.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Securities Administrator, or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Trustee Depositor and the Trust Securities Administrator such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1), Master Servicing and Trust Agreement (BCAP LLC Trust 2006-Aa2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Depositor, the Servicer, the Trustee Certificate Insurer and the Trust Administrator Trustee such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital 1 Inc CDC Mort Cap Trust 2004-He1), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc CDC Mort Cap Tr 2003 He4), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc CDC Mor Cap Tr 2003-He3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Master Servicer, the Trustee NIMS Insurer and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorAdministrator and its counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them the Trustee and the Trust Administrator harmless, then, in the absence of notice to the Trustee and actual knowledge by the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2003 Ust-1), Pooling and Servicing Agreement (Salomon Mortgage Loan Trust Ser 2002-Ust1 Mort Pass-THR Cert), Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Sov Bk MRT Ln Tr Se 2002-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorCertificate Registrar, or the Trust Administrator Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each Servicer, the Certificate Registrar and the Trustee and the Trust Administrator such security or indemnity as may be required by them each to save each of them harmless, then, then in the absence of notice to the Certificate Registrar or the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall executeauthenticate, authenticate and the Company shall execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor the same Class and interest in the Trust Fundsame denomination. In connection with Upon the issuance of any new Certificate under this Section 6.039.04, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 9.04 shall constitute complete and indefeasible evidence of ownership in of the Trust FundPercentage Interest evidenced thereby, as if originally issued, whether or not the lostdestroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Cit Home Equity Loan Trust 1997-1), Pooling and Servicing Agreement (Cit Group Securitization Corp Iii), Pooling and Servicing Agreement (Cit Group Securitization Corp Ii)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator Certificate Administrator, if any, such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 6.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit Man Housing Cont Tr Pas THR Cert Ser 01 1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) except in the case of a mutilated Certificate so surrendered, there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundTrust. In connection with the issuance of any new Certificate under this Section 6.033.4, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 3.4 shall constitute complete and indefeasible evidence of ownership in the Trust FundTrust, as if originally issued, . whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Com Mort Ps THR Cer Se 1998-Cf1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.037.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 7.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 7.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He7), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, or Securities Administrator and the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee Securities Administrator and the Trust Administrator NIMS Insurer such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor the same Class and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.035.03, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2004-5), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Trustee (and the Trust Administrator Certificate Insurer with respect to the Insured Certificates) such security or indemnity as may be required by them it to save each of them hold it harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Securities Administrator, or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Trustee Depositor and the Trust Securities Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Homebanc Corp), Pooling and Servicing Agreement (HomeBanc 2007-1), Pooling and Servicing Agreement (HomeBanc 2006-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Master Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorAdministrator and its counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2004-11), Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2004-10), Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2004-9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Specialty Underwriting & Residental Finance Trust, Series 2004-Aa1), Pooling and Servicing Agreement (Speciality Underwriting & Residential Finance Trust, Series 2005-Ab2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2004-Opt1)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Servicer, the Trustee Insurer and the Trust Administrator Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fund. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee and the Trust Administrator and the Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and actual knowledge by the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Hyb2), Pooling and Servicing Agreement (Salomon Brots Mort Sec Vii Inc Citigroup Mort Ln Tr 03 Hyb1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof, and (bii) there is delivered to each Servicer, the Trustee and the Trust Administrator Depositor such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.034.04, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 4.04 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, of a like denomination as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 4.04 shall be cancelled and disposed of by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 2 contracts
Samples: Trust Agreement (Greenwich Capital Acceptance Inc), Trust Agreement (Greenwich Capital Acceptance Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Class A Certificate is or Class B Certificate shall be surrendered to the Trust AdministratorTrustee, or if the Trust Administrator receives Trustee shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Class A Certificate or Class B Certificate and (b) there is shall be delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as it may be required by them require to save each of them it harmless, then, then in the absence of notice to the Trustee and the Trust Administrator that such Class A Certificate has or Class B Certificate shall have been acquired by a bona fide purchaser, the Trust Administrator Trustee shall executeexecute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Class A Certificate or Class B Certificate, a new Class A Certificate or Class B Certificate of like tenor and interest in the Trust Funddenomination. In connection with the issuance of any new Certificate under this Section 6.036.4, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewithconnection herewith. Any replacement Certificate issued pursuant to this Section 6.03 6.4 shall constitute complete and indefeasible conclusive evidence of ownership in the Trust FundTrust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Corp /Ut/)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, or Securities Administrator and the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor the same Class and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.034.13, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-6), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee and their counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2004-Sl1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Securities Administrator, or (ii) the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each Servicerthe Trustee, the Trustee Group I Senior Certificate Insurer (with respect to any Group I Senior Certificate) and the Trust Securities Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.036.4, the Trust Trustee or the Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate of a Series is surrendered to the Trust AdministratorCertificate Trustee, or (ii) the Trust Administrator Certificate Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate of a Series, and (b) there is delivered to each Servicer, the Certificate Trustee and the Trust Administrator such security or indemnity as it may be required by them to save each of them it harmless, then, in the absence of notice to the Certificate Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Certificate Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of such Series of like tenor and interest in the Trust FundFractional Undivided Interest. In connection with Upon the issuance of any new Certificate under this Section 6.035.04, the Trust Administrator Certificate Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorCertificate Trustee) connected therewith. Any replacement Certificate of a Series issued pursuant to this Section 6.03 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust Fundrelated Trust, as if originally issued, whether or not the lost, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CMC Securities Corp Iii), Pooling and Servicing Agreement (CMC Securities Corp Iii)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, Administrator or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there is delivered to each Servicerthe Trustee, the Trustee and the Trust Administrator and the Depositor and (in the case of a Class C Certificate or Class P Certificate) the NIMS Insurer such security or indemnity as may be required by them to save each of them them, and the Trust Fund, harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Administrator, on behalf of the Trustee, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Trust Administrator) connected in connection therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 Section, shall constitute complete and indefeasible evidence of ownership in the Trust FundTrust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Long Beach Mort Loan Trust 2002-1as Back Cert Ser 2002-1), Pooling and Servicing Agreement (Long Beach Mort Loan Tr 2001-4 as Bk Cert Ser 2001-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, or Securities Administrator and the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor the same Class and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Alliance Bancorp Trust 2007-Oa1), Pooling and Servicing Agreement (Impac Secured Assets Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them it to save each of them it harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee and its counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust Series 2006-Amn1), Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2006-Alt1)
Mutilated, Destroyed, Lost or Stolen Certificates. 113 If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Master Servicer and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CWABS Asset Backed Certificates Trust 2004-Bc3), Pooling and Servicing Agreement (CWABS Asset Backed Certificates Trust 2004-Bc3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Depositor, the Master Servicer, and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S1), Pooling and Servicing Agreement (GSAMP Trust 2005-S2)
Mutilated, Destroyed, Lost or Stolen Certificates. (i) If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each the Servicer, the Trustee Certificate Insurer and the Trust Administrator Trustee such security or indemnity as may reasonably be required by each of them to save each of them harmless, then, in the absence of notice to the Trustee Servicer, the Certificate Insurer and the Trust Administrator Trustee that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fundrepresenting an equivalent beneficial ownership interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 6.034.3, the Trust Administrator Servicer and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the their fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 4.3 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Painewebber Mort Accept Corp Iv New South 1999 2), Pooling and Servicing Agreement (Painewebber Mort Accept Corp Iv New South Home Eq Tr 1999-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicerthe Servicer and the Trustee such security or indemnity, which may include a letter of indemnity delivered by an insurance company reasonably acceptable to the Trustee and the Trust Administrator such security or indemnity Servicer, as may be required by each of them to save each of them harmless, then, in the absence of notice to the Trustee Servicer and the Trust Administrator Trustee that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust FundPercentage Interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 6.03SECTION 4.03, the Trust Administrator Servicer and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 SECTION 4.03 shall constitute complete and indefeasible evidence of ownership in the Trust FundTrust, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-3), Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicerthe Depositor, the Trustee NIM Insurer, if any, the Servicer and the Trust Administrator such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of Fremont 2006-E Pooling & Servicing Agreement any new Certificate under this Section 6.035.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-E)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fund. In connection with the issuance of any new Certificate under this Section 6.034.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 4.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (CSMC Trust 2007-5r)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) ------------------------------------------------- any mutilated Certificate is certificates should be surrendered to the Trust AdministratorRegular Trustees, or if the Trust Administrator receives Regular Trustees shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate certificate; and (b) there is shall be delivered to each Servicer, the Trustee and the Trust Administrator Regular Trustees such security or indemnity as may be required by them to save keep each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has certificate shall have been acquired by a bona fide purchaser, one or more Regular Trustees on behalf of the Trust Administrator shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificatecertificate, a new Certificate certificate of like tenor and interest in the Trust Funddenomination. In connection with the issuance of any new Certificate certificate under this Section 6.0310.8, the Trust Administrator Regular Trustees may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected connection therewith. Any replacement Certificate duplicate certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible conclusive evidence of an ownership interest in the relevant Trust FundSecurities, as if originally issued, whether or not the lost, stolen or destroyed Certificate certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Securities Administrator or the Trust Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Securities Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Securities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.any
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Investors Trust, Series 2006-A2)
Mutilated, Destroyed, Lost or Stolen Certificates. If If: (a) any mutilated Certificate is surrendered to the Trust AdministratorCertificate Registrar, or the Trust Administrator Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Certificate Registrar and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Certificate Registrar or the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fund. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee and the Certificate Registrar) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Class A Certificate is or Class B Certificate shall be surrendered to the Trust AdministratorTrustee, or if the Trust Administrator receives Trustee shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Class A Certificate or Class B Certificate and (b) there is shall be delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as it may be required by them require to save each of them it harmless, then, then in the absence of notice to the Trustee and the Trust Administrator that such Class A Certificate has or Class B Certificate shall have been acquired by a bona fide purchaser, the Trust Administrator Trustee shall executeexecute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Class A Certificate or Class B Certificate, a new Class A Certificate or Class B Certificate of like tenor and interest in the Trust Funddenomination. In connection with the issuance of any new Certificate under this Section 6.036.4, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewithconnection herewith. Any replacement Certificate issued pursuant to this Section 6.03 6.4 shall constitute complete and indefeasible conclusive evidence of ownership in the Trust FundTrust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Security Bank Na)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorMaster Servicer, or the Trust Administrator Master Servicer receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator Master Servicer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator Master Servicer that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Master Servicer shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Master Servicer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorMaster Servicer) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.. All Certificates surrendered to the Master Servicer under the terms of this Section 5.03 shall be canceled and destroyed by the Master Servicer in accordance with its standard procedures without liability on its part. 100
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives 103 evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Master Servicer and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2004 Bc1)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Master Servicer and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each ServicerWMMSC, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fund. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof, and (bii) there is delivered to each Servicer, the Trustee and the Trust Administrator Depositor such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.034.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 4.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, of a like denomination as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 4.03 shall be cancelled and disposed of by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator NIMS Insurer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each the Depositor, the Servicer, the Trustee Class IA Insurer (with respect to any Class IA Certificate) and the Trust Administrator such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Master Servicer and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part. 133
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2007-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is Certificates should be surrendered to the Trust Administrator, Regular Trustees or if the Trust Administrator receives Regular Trustees shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate and (b) there is shall be delivered to each Servicer, the Trustee and the Trust Administrator Regular Trustees such security or indemnity as may be required by them to save keep each of them harmless, then, then in the absence of notice to the Trustee and the Trust Administrator that such Certificate has shall have been acquired by a bona fide purchaser, any two Regular Trustees on behalf of the Trust Administrator shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Funddenomination. In connection with the issuance of any new Certificate under this Section 6.039.08, the Trust Administrator Regular Trustees may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto connection therewith. The Property Trustee, as registrar and paying agent for the Regular Trustees in accordance with Section 3.06(j), shall have the right and obligation to perform any other expenses (including the fees and expenses task of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to Regular Trustees under this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time9.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, Servicer and the Trustee (and with respect to the Trust Administrator Class I-A-3 Certificates, MBIA) such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest in the Trust Fund. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certs Series 2001 33)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicerthe Depositor, the Trustee Servicer and the Trust Administrator such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.. Fremont 2005-A Pooling & Servicing Agreement 121
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee and their counsel) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust FundIssuing Entity, as if originally issued, 124 whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ownit Mortgage Loan Trust, Series 2006-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Servicer and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall 119 execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2004-Ec1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorMaster Servicer, or the Trust Administrator Master Servicer receives evidence to its satisfaction of the destruction, loss or theft of any 100 Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator Master Servicer such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator Master Servicer that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Master Servicer shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator Master Servicer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorMaster Servicer) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Master Servicer under the terms of this Section 5.03 shall be canceled and destroyed by the Master Servicer in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there is delivered to each Servicer, the Trustee and the Trust Administrator Certificate Administrator, if any, such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust Fund77 Percentage Interest. In connection with the issuance of any new Certificate under this Section 6.03, the Trust Administrator Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust AdministratorTrustee) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 6.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenpoint Financial Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there is delivered to each Servicer, the Trustee and the Trust Administrator such security or indemnity as may be required by them it to save each of them the Trustee and the Trust Administrator harmless, then, in the absence of notice to the Trustee and actual knowledge by the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the -115- same Class and of like tenor denomination and interest in the Trust FundPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 6.03Section, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Ust1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, or the Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicerthe Depositor, the Trustee Servicer and the Trust Administrator such security or indemnity as may be required by them to save hold each of them harmless, then, in the absence of notice to the Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator shall execute, authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and interest in the Trust FundPercentage Interest. In connection with the issuance of any new Certificate under this Section 6.035.03, the Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trust Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 6.03 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Fremont Home Loan Trust 2004-A)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTrustee, or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there is delivered to each the Servicer, the Trustee Certificate Insurer and the Trust Administrator Trustee such security or indemnity as may reasonably be required by each of them to save each of them harmlessharmless from liability, then, in the absence of notice to the Trustee Servicer and the Trust Administrator Trustee that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and interest Percentage Interest in the Trust Fundsame Trust, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 6.034.3, the Trust Administrator Servicer and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the their fees and expenses of the Trust Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 4.3 shall constitute complete and indefeasible evidence of ownership in the Trust FundTrust, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
