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 Trust 2007-4), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7), Pooling and Servicing Agreement (CSMC Mortgage Backed Trust Series 2007-1)
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 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 2004-Bo1), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl2)
Mutilated, Destroyed, Lost or Stolen Certificates. (a) If (ai) 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 (bii) there is delivered to each Servicerthe Certificate Registrar, the Owner 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 Certificate Registrar or the Owner Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust Administrator and the Owner Trustee shall execute, authenticate and deliver (or shall cause its authenticating agent to authenticate and deliver), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new replacement Certificate of a like tenor and interest aggregate Percentage Interest in the Trust Fund. In connection with Trust, as shown on the issuance Certificate; provided, however, that if any such destroyed, lost or stolen Certificate, but not a mutilated Certificate, shall have become or within seven (7) days shall be payable, then instead of any new Certificate under this Section 6.03, the Trust Administrator may require the payment of issuing 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 the Owner Trustee may make distributions to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fundsuch destroyed, as if originally issued, whether lost or not the lost, stolen or destroyed Certificate shall be found at any timewhen so payable.
Appears in 70 contracts
Samples: Trust Agreement (Ally Auto Receivables Trust 2024-2), Trust Agreement (Ally Auto Receivables Trust 2024-2), Trust Agreement (Ally Auto Receivables Trust 2024-1)
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 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 53 contracts
Samples: Pooling and Servicing Agreement (Cwabs Asset-Backed Certificates Trust 2005-Im3), Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2007-6), Pooling and Servicing Agreement (Cwabs Inc. Asset-Backed Certificates Trust 2005-Im2)
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 (First Franklin Mortgage Loan Trust, Series 2007-Ffa), 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 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: Flow Servicing Agreement (GSAA Home Equity Trust 2006-6), Servicing Agreement (GSAA Home Equity Trust 2007-4), Servicing and Trust Agreement (GSAA Home Equity Trust 2007-7)
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 2000-7 Trust), 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-Am3), Assignment and Recognition Agreement (MASTR Asset Backed Securities Trust 2006-He2), 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 2006-Ar3), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-He1), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2007-3)
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 (First Franklin Mortgage Loan Trust 2006-Ff11), Pooling and Servicing Agreement (HASCO Trust 2007-He2), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Nc1)
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: Custodial Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A3), Custodial Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A6), Pooling and Servicing Agreement (Merrill Lynch Mortgage Asset Back Certs Ser 2004-Wmc2)
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 22 contracts
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Origen Residential 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 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 Securities Inc 2003-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Ac6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC)
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 2006-2), 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 (CSFB Adjustable Rate Mortgage Trust 2005-10), Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2006-3)
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-Oa1), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-Oa1)
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 (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing 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 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-Bc4), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust, Series 2005-Ab3)
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 (Southern Pacific Secured Assets Corp), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), 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), Trust and Servicing Agreement (Uacsc 2000-D Owner Trust Auto Rec Backed Notes), Trust and Servicing Agreement (Uacsc Auto Trusts Uacsc 1999-C Owner Trust Auto Rec Bac Note)
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 the Master Servicer, the Trustee Securities Administrator 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 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 11 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd1)
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 Mortgage Finance Corp), 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 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 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 (Bsabs 2005-1)
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-a Securities Mortgage Loan Trust, Series 2006-Af1), Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc), Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab1)
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 8 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. 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 (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
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 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 7 contracts
Samples: Pooling and Servicing Agreement (Bank of America FSB/Ca), Pooling and Servicing Agreement (Greenpoint Financial Corp), Pooling and Servicing Agreement (Bank of America National Trust & Saving Association)
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 Mort Pass THR Certs Ser 2001 3)
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 Asset Back Certs Ser 2004-Bc2)
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 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 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 (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2), Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc MRT PSS THR Cert Se 2002-He3)
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 (Prudential Securities Secured Financing 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 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 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 2004-8), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-9), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-10)
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 (Credit Suisse First Boston Mor Pass THR Cert Ser 2000-9)
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 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 (ai) any mutilated Certificate (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Trust AdministratorTransfer Agent and Registrar, or the Trust Administrator Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there is delivered to each Servicer, the Transfer Agent and 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 Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trust Administrator Transferor shall execute, execute and the Trustee shall authenticate and deliver(unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) deliver (in compliance with applicable law), 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 Fundaggregate Undivided Interest. In connection with the issuance of any new Certificate under this Section 6.036.04, the Trust Administrator Trustee or the Transfer Agent and 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 Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 6.04 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 (BA Credit Card Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement (BA Master Credit Card Trust II)
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 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 5 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc Mort Loan Trust Series 2003-3), Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc), Pooling and Servicing Agreement (Deutsche Mortgage Sec Inc Mort Loan Tr Ser 2004-1)
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 5 contracts
Samples: 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), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) 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 (bii) there is delivered to each Servicer, the Trustee Certificate Registrar and the Trust Administrator Owner 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 Owner Trustee shall execute, execute and the Owner Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificatecertificate, a new Certificate of like tenor and interest fractional undivided interest, in the Trust Fund. In connection with the issuance of or any new Certificate under this Section 6.033.09, the Trust Administrator Owner Trustee may require the payment by the Certificateholder 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 therewiththereto. Any replacement duplicate Certificate issued pursuant to this Section 6.03 3.09 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: Trust Agreement (BBX Capital Corp), Trust Agreement (BBX Capital Corp), Trust Agreement (Bluegreen 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, 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 (OwnIt Mortgage Loan Trust Mortgage Loan Asset-Backed Certificates, Series 2006-7), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
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 6.0311.05, 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 11.05 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 5 contracts
Samples: Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Securitization Corp)
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 (Securitized Asset Backed Receivables LLC), Pooling and Servicing Agreement (Hsi Asset Securitization 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 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 2007-Aa5), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1), Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2)
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 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 4 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 (Credit Suisse First Boston 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 (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 I Inc CDC Mort Cap Tr 2003 He4), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc CDC Mor Cap Tr 2003-He3), Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc Mort Pas THR Certs Ser 2003-Nc9)
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 (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 Com Mort Ps THR Cer Se 1998-Cf1), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)
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 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, 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 Owner Trustee on behalf of the Trust Administrator shall execute, execute and the Owner Trustee shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, a new Certificate Certificate, of like tenor and interest in the Trust Funddenomination. In connection with the issuance of any new Certificate under this Section 6.033.5, 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 3.5 shall constitute complete and indefeasible conclusive 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: Trust Agreement (USAA Auto Owner Trust 2007-1), Trust Agreement (USAA Auto Owner Trust 2007-2), Trust Agreement (USAA Auto Owner Trust 2008-1)
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) 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: Custodial Agreement (DLJ Mortgage Acceptance 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 (a) ------------------------------------------------- any mutilated Certificate (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, pertaining thereto) is surrendered to the Trust AdministratorTransfer Agent and Registrar, or the Trust Administrator Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Transfer Agent and 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 Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Seller shall execute, execute and the Trustee shall authenticate and deliver(unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) deliver (in compliance with applicable law), 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 Fundaggregate Undivided Interest. In connection with the issuance of any new Certificate under this Section 6.036.4, the Trust Administrator Trustee or ----------- the Transfer Agent and 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 Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 6.4 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 (Peoples Bank), Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust), Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust)
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-He6), 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-He7)
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 2004-10), Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2004-11), 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 (Merrill Lynch Mortgage Investors Trust, Series 2004-Opt1), Pooling and Servicing Agreement (Speciality Underwriting & Residential Finance Trust, Series 2005-Ab2)
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, 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 3 contracts
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations 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 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 Group Securitization Corp Iii), Pooling and Servicing Agreement (Cit Home Equity Loan Trust 1997-1), Pooling and Servicing Agreement (Cit Group Securitization Corp Ii)
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 (Salomon Mortgage Loan Trust Ser 2002-Ust1 Mort Pass-THR Cert), Distribution Instructions (Citigroup Mortgage Loan Trust Series 2003 Ust-1), 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 AdministratorRegistrar, or the Trust Administrator 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 Trustee Registrar and the Trust Administrator Certificate Trustee such security security, indemnity or indemnity bond as may be required by them to save each of them harmless, then, in the absence of notice notice, in the manner provided by Section 11.04, to the Registrar or the Certificate Trustee and the Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Certificate Trustee, on behalf of the Trust, shall execute, and the Certificate Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate (of the same Series or Class as the Certificate so mutilated, destroyed, lost or stolen) of like tenor and interest in the Trust FundOriginal Principal Amount. In connection with the issuance of any new Certificate under this Section 6.033.06, the Trust Administrator may Certificate Trustee shall 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 AdministratorDelaware Trustee, the Certificate Trustee and the Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 3.05 shall constitute complete and indefeasible conclusive evidence of ownership the same interest 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: Declaration and Agreement (Sdg&e Funding LLC a De Limited Liability Co), Trust Agreement (Pg&e Funding LLC), Declaration and Agreement (Sce Funding LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust AdministratorTransfer Agent and Registrar, or the Trust Administrator Transfer Agent and Registrar receives evidence to its satisfaction in the form of a certification by the holder thereof of the destruction, loss or theft of any Certificate and (b) there is delivered to each Servicer, the Transfer Agent and Registrar and the Trustee and the Trust Administrator such security or indemnity as may be required by them to save the Trust and each of them harmless, then, in the absence of actual notice to a Responsible Officer of the Trustee or Transfer Agent and the Trust Administrator Registrar that such Certificate has been acquired by a bona fide purchaser, the Trust Administrator Company shall executeexecute and, upon the written request of the Company, the 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 Fundaggregate Fractional Undivided Interest and bearing a number that is not contemporaneously outstanding. In connection with the issuance of any new Certificate under this Section 6.035.4, the Trust Administrator Trustee or the Transfer Agent and Registrar may require the payment by the Holder 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 Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 6.03 5.4 shall constitute complete conclusive 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 Agreement (United Stationers Supply Co), Pooling Agreement (United Stationers Supply Co), Pooling Agreement (United Stationers Supply Co)
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 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 (Salomon Brots Mort Sec Vii Inc Citigroup Mort Ln Tr 03 Hyb1), Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust Series 2004-Hyb2)
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 (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 Servicer 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 2 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm1), Pooling and Servicing Agreement (Bcap LLC)
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 2007-5), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-6)
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 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-1 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 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Pass THR Cert Ser 2003-He1), Mortgage Loan Purchase and Warranties Agreement (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea)
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 (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 (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 Tr 2001-4 as Bk Cert Ser 2001-4), Pooling and Servicing Agreement (Long Beach Mort Loan Trust 2002-1as Back Cert Ser 2002-1)
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) 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. 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 the Master Servicer, the Trustee Guarantor 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 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 Inc Asset Backed Certificates Series 2004-7), Pooling and Servicing Agreement (Asset-Backed Certificate Series 2003-2)
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 the Depositor, the Servicer, the Trustee Class A-3b 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 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 (Morgan Stanley ABS Capital I Inc. Trust 2004-He9), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He9)
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-Alt1), Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust Series 2006-Amn1)
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 Administrator, Trustee or the Trust Administrator Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate 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 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 Trustee shall execute, execute and 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 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 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 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Tr 2001-3 as-BCKD Cert Ser 2001-3)
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 Trust Administrator, the Depositor (in the case of an Insured Certificate), the Certificate Insurer and (in the Trust Administrator case of a Class S2 Certificate, 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 154 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 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Asset Backed Cert Ser 2002 3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Trust Administrator, 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 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Asst Back Certs Ser TMTS 2003 8he)
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 protected 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 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Hyb3)
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 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 (Cs First Boston Mortgage Securities Corp /De/)
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: Distribution Instructions (Citigroup Mortgage Loan Trust Inc Series 2004-Ust1)
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 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 (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
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 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 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 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, 123 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 2006-4)
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 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
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenpoint Credit 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 the Depositor, the related Servicer, the Trustee Master Servicer 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 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 1 contract
Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2007-S1)
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 -90- 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 Trust Series 2005-Sd1)
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.. All Certificates surrendered to the Securities Administrator under the terms of this Section
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (aA) 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 (bB) 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 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I 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 Servicerthe Depositor, the Trustee Class A-1 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 1 contract
Samples: Trust Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Sea2)
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 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 Administrator, on behalf of the Trustee, shall execute, execute and 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 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Certs Series 2000 1)
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 (and, with respect to the Class A-6A Certificates, to 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 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 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt a Securities Inc Mort Loan Trust Ser 2003-4xs)
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 the Master Servicer, the Trustee and the Trust Administrator Guarantor 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 2002-2)
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 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. 106
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-He1)