Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 96 contracts
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2003-S2), Pooling and Servicing Agreement (Washington Mutual Mort Sec Corp Wamu Mor Pas Th Ce Se 03 Ar7), Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2005-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, or (ii) the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, such security or indemnity as may be required by them it to save each of them and the Trust it harmless, then, in the absence of notice to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and or, if a Paying Agent has been appointed under Section 4.05, the Trustee or any Authenticating Agent Paying Agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicabletenor and Class. Upon the issuance of any new Certificate under this Section 5.04Section, the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, may require of the Certificateholder 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 or any Authenticating Agent) connected therewith. Any replacement Certificate of any Class issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership of the Percentage Interest in REMIC II (or with respect the distributions to which the Certificateholders of such Class R Certificatesare entitled, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the mutilated, destroyed, lost or stolen Certificate shall be found at any time, and such mutilated, destroyed, lost or stolen Certificate shall be of no force or effect under this Agreement, to the extent permitted by law.
Appears in 95 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S5), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A2), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-M1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee on behalf of the Trust shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership a beneficial interest in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) Trust as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 77 contracts
Samples: Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2007-Hy2), Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2006-Ar1), Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2006-Ar16)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 42 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp), Pooling and Servicing Agreement (Abn Amro Mortgage Corp), Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. (a) If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentCertificate Registrar, or (ii) the Trustee or any Authenticating Agent Certificate Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or any Authenticating Agent Certificate Registrar such security or indemnity as it may be required by them require to save each of them and the Trust it harmless, then, in and (iii) the absence of Certificate Registrar has not received notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaserthird Person, the Trustee Certificate Registrar shall execute and the Trustee or any Authenticating Agent shall authenticate sign, countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and Fractional Undivided Interest but in each case bearing a different number. The mutilated, destroyed, lost or stolen Certificate Principal Balance or Percentage Interest as applicable. shall thereupon be canceled of record by the Certificate Registrar and shall be of no further effect and evidence no rights.
(b) Upon the issuance of any new Certificate under this Section 5.045.03, the Trustee or any Authenticating Agent 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 Trustee or any Authenticating AgentCertificate Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 5.03 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time.
Appears in 22 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1), Pooling and Servicing Agreement (Prime Mortgage Trust 2005-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee Registrar or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Registrar and the Trustee such security, indemnity or any Authenticating Agent such security or indemnity bond, as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Registrar or the Trustee or any Authenticating Agent that such destroyed, lost or stolen Certificate has been acquired by a protected purchaser, and provided that the requirements of Section 8-405 of the Uniform Commercial Code in effect in any applicable jurisdiction are met, the Trustee shall execute and the Trustee or any Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate or Certificates, in authorized denominations and of like Certificate Principal Balance or Percentage Fractional Undivided Interest as applicableand bearing a number not contemporaneously outstanding. Upon In connection with the issuance of any new Certificate under this Section 5.043.07, the Trustee or any Authenticating Agent 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 or any Authenticating Agentand the Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 3.07 shall constitute complete and indefeasible conclusive evidence of ownership the appropriate Fractional Undivided Interest in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Certificates.
Appears in 21 contracts
Samples: Pass Through Trust Agreement (Jetblue Airways Corp), Pass Through Trust Agreement (Jetblue Airways Corp), Pass Through Trust Agreement (Jetblue Airways Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. (a) If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentSecurities Administrator, or (ii) the Trustee or any Authenticating Agent Securities Administrator receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or any Authenticating Agent Securities Administrator such security or indemnity as it may be required by them require to save each of them and the Trust it harmless, then, in and (iii) the absence of Securities Administrator has not received notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaserthird Person, the Trustee Securities Administrator shall execute and the Trustee or any Authenticating Agent shall authenticate sign, countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and Fractional Undivided Interest but in each case bearing a different number. The mutilated, destroyed, lost or stolen Certificate Principal Balance or Percentage Interest as applicable. shall thereupon be canceled of record by the Securities Administrator and shall be of no further effect and evidence no rights.
(b) Upon the issuance of any new Certificate under this Section 5.045.03, the Trustee or any Authenticating Agent 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 Trustee or any Authenticating AgentSecurities Administrator) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 5.03 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time.
Appears in 18 contracts
Samples: Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-8), Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R R-1 Certificates, the residual ownership interests in the REMIC I and REMIC IITrust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 2001-2), Pooling and Servicing Agreement (PNC Mortgage Securities Corp), Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 1999-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II I (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC III) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2004-Ar11), Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2005-Ar5), Pooling and Servicing Agreement (Wamu Mortgage Pass-Through Certificates, Series 2004-Ar5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent (and in the case of the Class C Certificates and the Class P Certificates, the NIMS Insurer) that such Certificate has been acquired by a protected purchaser, the Trustee on behalf of the Trust shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership a beneficial interest in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) Trust as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2007-He2), Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2007-He1), Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2006-He1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee Securities Administrator or any Authenticating Agentthe Certificate Registrar, or (ii) the Trustee or any Authenticating Agent receives Securities Administrator and the Certificate Registrar receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Securities Administrator, the Trustee or any Authenticating Agent and the Certificate Registrar such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to actual knowledge by the Trustee Securities Administrator or any Authenticating Agent the Certificate Registrar that such Certificate has been acquired by a protected bona fide purchaser, the Trustee Securities Administrator shall execute and cause the Trustee or any Authenticating Agent shall Certificate Registrar to 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 Certificate Principal Balance or tenor and Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under pursuant to this Section 5.04Section, the Trustee or any Authenticating Agent 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 Trustee or any Authenticating AgentCertificate Registrar) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the destroyed, lost or stolen Certificate shall be found at any time.
Appears in 7 contracts
Samples: Master Servicing and Trust Agreement (GSR Mortgage Loan Trust 2007-2f), Master Servicing and Trust Agreement (GSR Mortgage Loan Trust 2007-5f), Master Servicing and Trust Agreement (STARM Mortgage Loan Trust 2007-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R R-1 and Class R-2 Certificates, the residual ownership interests in the REMIC I Trust Fund and REMIC IIII Trust Fund, respectively) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass Thru Cert Ser 2000 4), Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass Thro Cert Ser 1999-4), Pooling and Servicing Agreement (PNC Mortgage Securities Corp 1999-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R R-1 Certificates, the residual ownership interests in the REMIC I and REMIC IITrust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass Throu Cert Ser 2000 6), Pooling and Servicing Agreement (PNC Mortgage Securities Corp), Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee Securities Administrator or any Authenticating Agentthe Certificate Registrar, or (ii) the Trustee Securities Administrator or any Authenticating Agent the Certificate Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any CertificateCertificate and of the ownership thereof, and (ii) there is delivered to Securities Administrator or the Trustee or any Authenticating Agent Certificate Registrar such security or indemnity as may be required by them it to save each of them and the Trust it harmless, then, in the absence of notice to actual knowledge by the Trustee Securities Administrator or any Authenticating Agent the Certificate Registrar that such Certificate has been acquired by a protected purchaser, the Trustee Securities Administrator, shall execute and the Trustee or any Authenticating Agent 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 Certificate Principal Balance or denomination and Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04Section, the Trustee Securities Administrator or any Authenticating Agent the 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 Trustee Securities Administrator or any Authenticating Agentthe Certificate Registrar) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the applicable REMIC II (or with respect to the Class R Certificatescreated hereunder, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (SG Mortgage Securities Trust 2005-Opt1), Pooling and Servicing Agreement (SG Mortgage Securities Trust 2006-Opt2), Pooling and Servicing Agreement (SG Mortgage Securities Trust 2006-Fre1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II III (or with respect to the Class R Certificates, the residual ownership interests in REMIC I I, REMIC II and REMIC IIIII) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2003-Ar5), Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certs Ser 2003-S11), Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certs Series 2004-S1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2005-2), Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass THR Cert Ser 2003 Ms8), Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT 2005-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R Certificates, the residual ownership interests in the REMIC I Trust Fund, REMIC II Trust Fund and REMIC IIIII Trust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Pass Through Certificates Series 2001-Ms10), Pooling and Servicing Agreement (Wamu Mor Pass Thru Cert Ser 2001-Ar1), Pooling and Servicing Agreement (Washington Mutual MSC Mortgage Pass Thro Cert Ser 2001-Ms14)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) Trust Fund as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Washington Mutual Mort Sec Corp Pas THR Cert Ser 01 Ar1), Pooling and Servicing Agreement (Mortgage Pass Through Certificate Series 2000-7), Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 2000-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R Certificates, the residual ownership interests in the REMIC I Trust Fund and REMIC IIII Trust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2001-Ar3), Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2001-Ar4), Pooling and Servicing Agreement (Washington Mutual Mort Sec Corp Pas THR Certs Ser 2001 Ms15)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.044.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 4.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling Agreement (Merrill Lynch Mortgage Investors Inc), Pooling Agreement (Abn Amro Mortgage Corp Series 1999-Rsi), Pooling Agreement (Merrill Lynch Mortgage Investors Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Class A-3 Certificates, MBIA) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-2), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mortgage Pass THR Cert Ser 2002 Ms12), Trust Agreement (Wamu Mortgage Pass-Through Certificates Series 2004-Rs2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agentthe Certificate Registrar, or (ii) the Trustee or any Authenticating Agent receives and the Certificate Registrar receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee or any Authenticating Agent and the Certificate Registrar such security or indemnity as may be required by them to save each of them and harmless (the Trust harmlessunsecured agreement of an institutional holder being sufficient for such purpose), then, in the absence of notice to the Trustee or any Authenticating Agent the Certificate Registrar that such Certificate has been acquired by a protected BONA FIDE purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance the same Class, tenor and denomination or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04Section, the Trustee or any Authenticating Agent 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 reasonable expenses (including the fees and expenses of the Trustee or any Authenticating Agentand the Certificate Registrar) connected therewith. Any replacement Every new Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issuedissued on the Closing Date, regardless of whether or not the any destroyed, lost or stolen Certificate in lieu of which such new Certificate was issued shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc), Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, pertaining thereto) is surrendered to the Trustee or any Authenticating AgentTransfer Agent and Registrar, or (ii) the Trustee or any Authenticating Transfer Agent and Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that a BONA FIDE purchaser having possession of such Certificate has been acquired by a protected purchaserCertificate, the Trustee shall execute and the Trustee or any Authenticating Agent 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 in an aggregate amount equal to the portion of the Certificate Principal Balance represented by such mutilated, destroyed, lost or Percentage Interest as applicablestolen Certificate. Upon In connection with the issuance of any new Certificate under this Section 5.04SECTION 5.4, the Trustee or any Authenticating 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 Trustee or any Authenticating Agentand the Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 SECTION 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Master Trust Agreement (TMM Holdings), Master Trust Agreement (TMM Holdings Sa De Cv)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R Certificates, the residual ownership interests interest in the REMIC I Trust Fund and REMIC IIII Trust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass Through Cert Ser 2001-Ms11), Pooling and Servicing Agreement (Wmau Mortgage Pass Through Certificates Series 2001-S9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the 1999-A Owner Trustee or any Authenticating Agent, or (ii) the 1999-A Owner Trustee or any Authenticating Agent receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, a Certificate and (ii) there is delivered to the 1999-A Owner Trustee or any Authenticating Agent such security or indemnity as may be required by them the 1999-A Owner Trustee to save each of them itself and the 1999-A Securitization Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the 1999-A Owner Trustee on behalf of the 1999-A Securitization Trust shall execute and the 1999-A Owner Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or tenor and Percentage Interest as applicableInterest. Upon In connection with the issuance of any new Certificate under this Section 5.044.04, the 1999-A Owner Trustee or any Authenticating Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge charges that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee or any Authenticating Agent) connected therewiththereto. Any replacement duplicate Certificate issued pursuant to this Section 5.04 4.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates1999-A Securitization Trust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time, and any such lost, stolen or destroyed Certificate shall, upon issuance of any such duplicate Certificate, be null, void and of no effect.
Appears in 2 contracts
Samples: 1999 a Securitization Trust Agreement (Honda Auto Lease Trust 1999a), Securitization Trust Agreement (Honda Titling D Lp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of 101 any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R R-1 and Class R-2 Certificates, the residual ownership interests in the REMIC I Trust Fund and REMIC IIII Trust Fund, respectively) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Pass- Through Certificates Series 2001-9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, pertaining thereto) is surrendered to the Trustee or any Authenticating AgentTransfer Agent and Registrar, or (ii) the Trustee or any Authenticating Transfer Agent and Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate 60 and (b) there is delivered to the Transfer Agent and Registrar and the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that a BONA FIDE purchaser having possession of such Certificate has been acquired by a protected purchaserCertificate, the Trustee shall execute and the Trustee or any Authenticating Agent 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 in an aggregate amount equal to the portion of the Certificate Principal Balance represented by such mutilated, destroyed, lost or Percentage Interest as applicablestolen Certificate. Upon In connection with the issuance of any new Certificate under this Section 5.04SECTION 5.4, the Trustee or any Authenticating 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 Trustee or any Authenticating Agentand the Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 SECTION 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.. 127
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Pass Through Certificates Series 2002-Ms4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) ------------------------------------------------- any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentTransfer Agent and Registrar, or (ii) and the Trustee or any Authenticating Transfer Agent and Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee or any Authenticating Agent such security or indemnity as may be required by them (which unsecured agreement of indemnity by an institutional Certificateholder shall be sufficient for such purposes) to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicabletenor and aggregate Undivided Interest. Upon In connection with the issuance of any new Certificate under this Section 5.046.4, the ----------- Trustee or any Authenticating 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 Trustee or any Authenticating Agentand the Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 6.4 ----------- shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any the Authenticating Agent, or (ii) the Trustee or any the Authenticating Agent (and MBIA in the case of the Class A-12 Certificates) receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or any the Authenticating Agent (and MBIA in the case of the Class A-12 Certificates) such security or indemnity as may be required by them to save hold each of them and the Trust harmless, then, in the absence of notice to the Trustee or any the Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and authenticate (or cause the Trustee or any Authenticating Agent shall authenticate to authenticate) and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance tenor and principal portion or Percentage Interest as applicableand of the same Class. Upon the issuance of any new Certificate under this Section 5.04Section, the Trustee or any Authenticating Agent the 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 expense (including the fees and expenses of the Trustee or any the Authenticating Agent) connected in connection therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Estate, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen, or stolen destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wells Fargo Asset Sec Corp Mort Pass THR Certs Ser 2003-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.. 95
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual Mort Sec Corp Wamu Series 2003-Ar11)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentSecurities Administrator, or (ii) the Trustee or any Authenticating Agent Securities Administrator receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and of the ownership thereof and (b) there is delivered to the Trustee or Securities Administrator (and with respect to any Authenticating Agent Class I-A Certificates and Class II-A Certificates to the Insurer) such security or indemnity as may be required by them to save each of them the Securities Administrator and the Trust Trustee harmless, then, in the absence of notice to the Trustee or any Authenticating Agent Securities Administrator that such Certificate has been acquired by a protected bona fide purchaser, the Trustee Securities Administrator shall execute and the Trustee or any Authenticating Agent 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 Certificate Principal Balance or Class, tenor and Percentage Interest as applicableInterest. Upon In connection with the issuance of any new Certificate under this Section 5.047.03, the Trustee or any Authenticating Agent 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 Trustee or any Authenticating AgentSecurities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 7.03 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time. All Certificates surrendered to the Securities Administrator under the terms of this Section 7.03 shall be canceled and destroyed by the Securities Administrator in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (SACO I Trust 2006-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in 156 relation thereto and any other expenses (including the fees and expenses of the Trustee or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R R-1 Certificates, the residual ownership interests in the REMIC I and REMIC IITrust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass THR Cert Ser 1999-9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R R-1 Certificates, the residual ownership interests interest in the REMIC I and REMIC IITrust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual Mortgage Sec Corp Mor Pas Thru Cert 2001-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, or (ii) the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, such security or indemnity as may be required by them it to save each of them and the Trust it harmless, then, in the absence of notice to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and or, if a Paying Agent has been appointed under Section 4.05, the Trustee or any Authenticating Agent Paying Agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicabletenor and Class. Upon the issuance of any new Certificate under this Section 5.04Section, the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, may require of the Certificateholder 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 or any Authenticating Agent) connected therewith. Any replacement Certificate of any Class issued pursuant to this Section 5.04 shall constitute 44 complete and indefeasible evidence of ownership of the Percentage Interest in REMIC II (or with respect the distributions to which the Certificateholders of such Class R Certificatesare entitled, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the mutilated, destroyed, lost or stolen Certificate shall be found at any time, and such mutilated, destroyed, lost or stolen Certificate shall be of no force or effect under this Agreement, to the extent permitted by law.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Class A-9 Certificates, MBIA) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) Trust Fund as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee Transfer Agent and Registrar, or any Authenticating the Transfer Agent, or (ii) the Trustee or any Authenticating Agent and Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Transfer Agent and Registrar, Trustee or any Authenticating Agent and Transferor such security or indemnity as may be required by them to save hold each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee Transferor shall execute and and, upon the request of Transferor, Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableclass, Series, tenor, terms and principal amount and bearing a number that is not contemporaneously outstanding. Upon In connection with the issuance of any new Certificate under this Section 5.04section, the Trustee or any Authenticating the Transfer Agent and Registrar 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 reasonable fees and expenses of the Trustee or any Authenticating Agentand Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 section shall constitute complete conclusive and indefeasible evidence of ownership of an interest in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any timeand all Certificates of the same class and Series that are duly issued hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriserve Food Distribution Inc /De/)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II I (or with respect to 76 the Class R Certificates, the residual ownership interests in REMIC I and REMIC III) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2002 Ar12)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent may require the payment of a sum sufficient 77 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Multi Cla Mor Pas THR Cer Se 2003-10)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC III) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Washington Mutual Mortgage Securities Corp Series 2004-Rs1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any 112 Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2002-S2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R R-1 and Class R-2 Certificates, the residual ownership interests in the REMIC I Trust Fund and REMIC IIII Trust Fund, respectively) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual Mor Sec Corp Mor Pass Thru Cert Ser 2001-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If ------------ ------------------------------------------------- (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R R-1 and Class R-2 Certificates, the residual ownership interests in the REMIC I Trust Fund and REMIC IIII Trust Fund, respectively) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Certificate Trustee or any Authenticating Agent, or (ii) the Certificate Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Certificate Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Certificate Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Certificate Trustee shall execute and the Certificate Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableFractional Undivided Interest. Upon the issuance of any new Certificate under this Section 5.04, the Certificate Trustee or any Authenticating Agent 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 Certificate Trustee or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.connected
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CMC Securities Corp Iv)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentSecurities Administrator, or (ii) the Trustee or any Authenticating Agent Securities Administrator receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and of the ownership thereof and (b) there is delivered to the Trustee or Securities Administrator and the Securities Administrator (and with respect to any Authenticating Agent Class I-A-2 Certificates, to the Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent Securities Administrator that such Certificate has been acquired by a protected bona fide purchaser, the Trustee Securities Administrator shall execute and the Trustee or any Authenticating Agent 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 Certificate Principal Balance or Class, tenor and Percentage Interest as applicableInterest. Upon In connection with the issuance of any new Certificate under this Section 5.047.03, the Trustee or any Authenticating Agent 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 Trustee or any Authenticating AgentSecurities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 7.03 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time. All Certificates surrendered to the Securities Administrator under the terms of this Section 7.03 shall be canceled and destroyed by the Securities Administrator in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) ------------------------------------------------- any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R R-1 Certificates, the residual ownership interests in the REMIC I and REMIC IITrust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R R-1 and Class R-2 Certificates, the residual ownership interests in 136 the REMIC I Trust Fund and REMIC IIII Trust Fund, respectively) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual Mor Sec Corp Mor Pass Thru Cert Ser 2001-8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.. 104
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Cert Series 2002-S8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentTransfer Agent and Registrar, or (ii) the Trustee or any Authenticating Transfer Agent and Registrar receives evidence to their its, satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee or any Authenticating Agent such security or indemnity as may be required by them and NAFCO to save hold each of them and them, the Trust and NAFCO harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, NAFCO shall execute and, upon the request of NAFCO, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, destroyed lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableClass, Series, tenor, terms and principal amount and bearing a number that is not contemporaneously outstanding. Upon In connection with the issuance of any new Certificate under this Section 5.046.04, the Trustee or any Authenticating the Transfer Agent and Registrar 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 reasonable fees and expenses of the Trustee or any Authenticating Agentand Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 6.04 shall constitute complete conclusive and indefeasible evidence of ownership of an interest in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any timeand all Certificates of the same Class and Series that are duly issued hereunder.
Appears in 1 contract
Samples: Pooling and Administration Agreement (National Auto Finance Co Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R Certificates, the residual ownership interests in the REMIC I Trust Fund, REMIC II Trust Fund and REMIC IIIII Trust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass-Through Cert Ser 2001-Ms12)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that 109 may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2004-S3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 77 expenses (including the fees and expenses of the Trustee or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Mul Cl Mort Pass THR Cert Ser 2003-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, MBIA) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Multi Class Cer Ser 2002-8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesMortgage Trust Fund, the residual ownership interests in REMIC I and REMIC II) First Level Certificate Trust Fund or the Certificate Trust Fund, as applicable, as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent 77 that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any the Authenticating Agent, or (ii) the Trustee or any the Authenticating Agent (and MBIA in the case of the Class A-5 Certificates) receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or any the Authenticating Agent such security or indemnity as may be required by them to save hold each of them and the Trust harmless, then, in the absence of notice to the Trustee or any the Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and authenticate (or cause the Trustee or any Authenticating Agent shall authenticate to authenticate) and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance tenor and principal portion or Percentage Interest as applicableand of the same Class. Upon the issuance of any new Certificate under this Section 5.04Section, the Trustee or any Authenticating Agent the 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 expense (including the fees and expenses of the Trustee or any the Authenticating Agent) connected in connection therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Estate, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen, or stolen destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2002 9 Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R Certificates, the residual ownership interests in the REMIC I Trust Fund and REMIC IIII Trust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Thru Certificate Series 2001-Ar6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any ------------------------------------------------- mutilated Certificate is surrendered to the Trustee or any Authenticating AgentTransfer Agent and Registrar, or (ii) and the Trustee or any Authenticating Transfer Agent and Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee or any Authenticating Agent such security or indemnity as may be required by them (which unsecured agreement of indemnity by an institutional Certificateholder shall be sufficient for such purposes) to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicabletenor and aggregate Undivided Interest. Upon In connection with the issuance of any new Certificate under this Section 5.046.4, the Trustee or any Authenticating 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 Trustee or any Authenticating Agentand the Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 6.4 shall ----------- constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Consumers Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. (a) If any Certificate becomes mutilated, destroyed, lost or stolen, then upon the written request of the holder thereof, the Trustee will execute and deliver to such holder a new Certificate. Such new Certificate will be: (i) any mutilated registered in the name in which such mutilated, destroyed, lost or stolen Certificate is surrendered to the Trustee or any Authenticating Agent, or was registered; (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such same original Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any Amount as such mutilated, destroyed, lost or stolen Certificate; and (iii) dated the date of such mutilated, a new destroyed, lost or stolen Certificate. If the Certificate being replaced has become mutilated, it will be surrendered to the Trustee and canceled. If the Certificate being replaced has been destroyed, lost or stolen, the holder thereof will furnish to the Trustee such security or indemnity as reasonably may be required by it to save the Trustee harmless from any loss and evidence satisfactory to the Trustee of like the destruction, loss or theft of such Certificate Principal Balance or Percentage Interest as applicableand the ownership thereof. Upon the issuance of any new Certificate under this Section 5.04request, the Trust Agreement Proprietary & Confidential Trustee will advise the affected Certificate Holder of (i) the aggregate Certificate Amount of, and the aggregate accrued and unpaid Distributions on, such mutilated, destroyed, lost or stolen Certificate that were paid to any Authenticating Agent may require holder thereof at any time prior to the payment delivery of a sum sufficient such new Certificate; and (ii) the date on which Distributions in respect of such mutilated, destroyed, lost or stolen Certificate had been paid to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses holder thereof at the time of such delivery.
(including the fees and expenses of the Trustee or any Authenticating Agentb) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 shall 2.8 will constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificatesof such Certificate, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be is found at any time.
Appears in 1 contract
Samples: Declaration of Trust (Rite Aid Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentSecurities Administrator, or (ii) the Trustee or any Authenticating Agent Securities Administrator receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and of the ownership thereof and (b) there is delivered to the Trustee or Securities Administrator and the Securities Administrator (and with respect to any Authenticating Agent Class A-5 Certificates to the Class A-5 Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent Securities Administrator that such Certificate has been acquired by a protected bona fide purchaser, the Trustee Securities Administrator shall execute and the Trustee or any Authenticating Agent 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 Certificate Principal Balance or Class, tenor and Percentage Interest as applicableInterest. Upon In connection with the issuance of any new Certificate under this Section 5.047.03, the Trustee or any Authenticating Agent 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 Trustee or any Authenticating AgentSecurities Administrator) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 7.03 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time. All Certificates surrendered to the Securities Administrator under the terms of this Section 7.03 shall be canceled and destroyed by the Securities Administrator in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent and the Certificate Insurer such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) Trust Fund as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such 119 mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates 2002-S7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any the Authenticating Agent, or (ii) the Trustee or any the Authenticating Agent (and MBIA in the case of the Class A-8 Certificates) receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or any the Authenticating Agent such security or indemnity as may be required by them to save hold each of them and the Trust harmless, then, in the absence of notice to the Trustee or any the Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and authenticate (or cause the Trustee or any Authenticating Agent shall authenticate to authenticate) and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance tenor and principal portion or Percentage Interest as applicableand of the same Class. Upon the issuance of any new Certificate under this Section 5.04Section, the Trustee or any Authenticating Agent the 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 expense (including the fees and expenses of the Trustee or any the Authenticating Agent) connected in connection therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Estate, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen, or stolen destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent and the Certificate Insurer (in the case of a Class A Certificate) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) Trust Fund as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 1999-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R Certificates, the residual ownership interests in the REMIC I Trust Fund, REMIC II Trust Fund and REMIC IIIII Trust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.. 113
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass-Through Certificates Series 2001-S10)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II I (or with respect to the Class R [_____] Certificates, the residual ownership interests in REMIC I and REMIC III) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (WaMu Asset Acceptance Corp.)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III 106 Trust Fund (or with respect to the Class R R-1 and Class R-2 Certificates, the residual ownership interests in the REMIC I Trust Fund and REMIC IIII Trust Fund, respectively) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual Mor Sec Corp Mor Pas THR Ser 2001-6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent may require the payment of a 131 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R R-1 Certificates, the residual ownership interests in the REMIC I and REMIC IITrust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Class A-5 Certificates, MBIA) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2000-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II III Trust Fund (or with respect to the Class R R-1 and Class R-2 Certificates, the residual ownership interests in 113 the REMIC I Trust Fund and REMIC IIII Trust Fund, respectively) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Cert Series 2001-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.. 125
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Pass Through Certificates Series 2002-Ms2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) ------------------------------------------------- any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentTransfer Agent and Registrar, or (ii) the Trustee or any Authenticating Transfer Agent and Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Transfer Agent and Registrar and Trustee or any Authenticating Agent such security or indemnity as may be required by them and Transferor to save hold each of them and them, the Trust and Transferor harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee Transferor shall execute and and, upon the request of Transferor, Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicabletenor, terms and principal amount and bearing a number that is not contemporaneously outstanding. Upon In connection with the issuance of any new Certificate under this Section 5.04section, the Trustee or any Authenticating the Transfer Agent and Registrar 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 reasonable fees and expenses of the Trustee or any Authenticating Agentand Transfer Agent and Xxxxxxxxx) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 section shall constitute complete conclusive and indefeasible evidence of ownership of an interest in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any timeand all Certificates of the same class and Series that are duly issued hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Healthcare Financial Partners Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) ------------------------------------------------- any mutilated Certificate is surrendered to the Trustee or any Authenticating AgentTransfer Agent and Registrar, or (ii) and the Trustee or any Authenticating Transfer Agent and Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee or any Authenticating Agent such security or indemnity as may be required by them (which unsecured agreement of indemnity by an institutional Certificateholder shall be sufficient for such purposes) to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicabletenor and aggregate Undivided Interest. Upon In connection with the issuance of any new Certificate under this Section 5.046.4, the Trustee or any Authenticating 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 Trustee or any Authenticating Agentand the Transfer Agent and Registrar) connected therewith. Any replacement duplicate Certificate issued pursuant to this Section 5.04 6.4 shall constitute complete and indefeasible evidence of ----------- ownership in REMIC II (or with respect to the Class R CertificatesTrust, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost lost, stolen or stolen destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Consumers Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall 91 authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R Certificates, the residual ownership interests interest in the REMIC I Trust Fund and REMIC IIII Trust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2001-S11)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust Fund (or with respect to the Class R R-1 Certificates, the residual ownership interests interest in the REMIC I and REMIC IITrust Fund) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Cert Series 2001-S8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any 100 Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass THR Certs Ser 2003-Ar1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent (and with respect to the Class A-7 Certificates, MBIA) such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, or (ii) the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, such security or indemnity as may be required by them it to save each of them and the Trust it harmless, then, in the absence of notice to the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent, that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and or, if a Paying Agent has been appointed under Section 4.05, the Trustee or any Authenticating Agent Paying Agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicabletenor and Class. Upon the issuance of any new Certificate under this Section 5.04Section, the Trustee or any Authenticating or, if a Paying Agent has been appointed under Section 4.05, the Paying Agent may require of the Certificateholder 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 or any Authenticating Agent) connected therewith. Any replacement Certificate of any Class issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership of the Percentage Interest in REMIC II (or with respect the distributions to which the Certificateholders of such Class R Certificatesare entitled, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the mutilated, destroyed, lost or stolen Certificate shall be found at any time, and such mutilated, destroyed, lost or stolen Certificate shall be of no force or effect under this Agreement, to the extent permitted by law.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any 128 Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicable. Upon the issuance of any new Certificate under this Section 5.04, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass Through Cert Ser 2003-Ms3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or any Authenticating Agent, or (ii) the Trustee or any Authenticating Agent receives evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them and the Trust harmless, then, in the absence of notice to the Trustee or any Authenticating Agent that such Certificate has been acquired by a protected bona fide purchaser, the Trustee shall execute and the Trustee or any Authenticating Agent shall 84 authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Certificate Principal Balance or Percentage Interest as applicableInterest. Upon the issuance of any new Certificate under this Section 5.045.4, the Trustee or any Authenticating Agent 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 or any Authenticating Agent) connected therewith. Any replacement Certificate issued pursuant to this Section 5.04 5.4 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Class R CertificatesTrust Fund, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost or stolen Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mort Corp Multi Class Mort Pass THR Cert Ser 2003-4)
