Common use of Reports to the Trustee; Annual Compliance Statements Clause in Contracts

Reports to the Trustee; Annual Compliance Statements. The Master Servicer shall deliver to the Trustee, on or before March 31 of each year, an Annual Compliance Statement with respect to the Trust Agreement (if the Master Servicer entered into the Trust Agreement on or before the preceding December 31), signed by an Officer of the Master Servicer, certifying that (i) such Officer has reviewed the activities of the Master Servicer during the preceding calendar year or portion thereof and its performance under the Trust Agreement and (ii) to the best of such Officer's knowledge, based on such review, the Master Servicer has performed and fulfilled its duties, responsibilities and obligations under the Trust Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such Officer and the nature and status thereof, and (iii) (A) an Officer of the Master Servicer has conducted an examination (based solely on information and written reports furnished by each Servicer to the Master Servicer) of the activities of each Servicer during the preceding calendar year and the performance of such Servicer under the related Servicing Agreement, (B) an Officer of the Master Servicer has examined each Servicer's Fidelity Bond and Errors and Omissions Policy and each such bond or policy is in effect and conforms to the requirements of the related Servicing Agreement, (C) the Master Servicer has received from each Servicer such Servicer's annual audited financial statements and such other information as is required by the Guide and (D) to the best of such Officer's knowledge, based on such examination, each Servicer has performed and fulfilled its duties, responsibilities and obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the performance or fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such Officer and the nature and status thereof. The Trustee shall provide copies of the Annual Compliance Statement to any Certificateholder upon written request provided such statement is delivered, or caused to be delivered, by the Master Servicer to the Trustee.

Appears in 6 contracts

Samples: Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co)

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Reports to the Trustee; Annual Compliance Statements. The Master Servicer shall deliver to the Trustee, on or before March 31 of each year, an Annual Compliance Statement with respect to the Trust Agreement (if the Master Servicer entered into the Trust Agreement on or before the preceding December 31), signed by an Officer of the Master Servicer, certifying that (i) such Officer has reviewed the activities of the Master Servicer during the preceding calendar year or portion thereof and its performance under the Trust Agreement and (ii) to the best of such Officer's knowledge, based on such review, the Master Servicer has performed and fulfilled its duties, responsibilities and obligations under the Trust Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such Officer and the nature and status thereof, and (iii) (A) an Officer of the Master Servicer has conducted an examination (based solely on information and written reports furnished by each Servicer to the Master Servicer) of the activities of each Servicer during the preceding calendar year and the performance of such Servicer under the related Servicing Agreement, (B) an Officer of the Master Servicer has examined each Servicer's Fidelity Bond and Errors and Omissions Policy and each such bond or policy is in effect and conforms to the requirements of the related Servicing Agreement, (C) the Master Servicer has received from each Servicer such Servicer's annual audited financial statements and such other information as is required by the applicable Servicing Agreement or Servicing Guide and (D) to the best of such Officer's knowledge, based on such examination, each Servicer has performed and fulfilled its duties, responsibilities and obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the performance or fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such Officer and the nature and status thereof. The Trustee shall provide copies of the Annual Compliance Statement to any Certificateholder upon written request provided such statement is delivered, or caused to be delivered, by the Master Servicer to the Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co)

Reports to the Trustee; Annual Compliance Statements. (a) Not later than 15 days after each Distribution Date, the Master Servicer shall deliver to the Trustee a statement setting forth the status of the Certificate Account as of the close of business on such Distribution Date stating that all distributions required to be made by the Master Servicer under this Agreement have been made (or, if any required distribution has not been made by the Master Servicer, specifying the nature and status thereof) and showing, for the period covered by such statement, the aggregate amount of deposits into and withdrawals from such account for each category of deposit and withdrawal specified in Sections 3.01 and 3.02. Such statement may be in the form of the then current Fannie Mae monthly accounting report for its Guaranteed Mortgage Pass-Txxxxxx Program with appropriate additions and changes, and shall also include information as to the aggregate unpaid principal balance of all of the Mortgage Loans as of the close of business as of the last day of the calendar month immediately preceding such Distribution Date. Copies of such statement shall be provided by the Trustee to any Certificateholder upon written request, provided such statement is delivered, or caused to be delivered, by the Master Servicer to the Trustee. The Master Servicer shall deliver to the Trustee, Trustee on or before March 31 30 of each year, an Annual Compliance Statement with respect to the Trust Agreement (if the Master Servicer entered into the Trust Agreement on or before the preceding December 31), a certificate signed by an Officer officer of the Master Servicer, certifying that (i) such Officer officer has reviewed the activities of the Master Servicer during the preceding calendar year or portion thereof and its performance under the Trust Agreement and this agreement, (ii) to the best of such Officerofficer's knowledge, based on such review, the Master Servicer has performed and fulfilled its duties, responsibilities and obligations under this agreement in all material respects throughout such year, or, if there has been a default in the Trust fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such officer and the nature and status thereof, and (iii)(A) the Master Servicer has received from each Servicer any financial statements, officer's certificates, accountant's statements or other information required to be provided to the Master Servicer pursuant to the related Servicing Agreement and (B) to the best of such officer's knowledge, based on a review of the information provided to the Master Servicer by each Servicer as described in (iii)(A) above, each Servicer has performed and fulfilled its duties, responsibilities and obligations under the related Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such Officer and the nature and status thereof, and (iii) (A) an Officer of the Master Servicer has conducted an examination (based solely on information and written reports furnished by each Servicer to the Master Servicer) of the activities of each Servicer during the preceding calendar year and the performance of such Servicer under the related Servicing Agreement, (B) an Officer of the Master Servicer has examined each Servicer's Fidelity Bond and Errors and Omissions Policy and each such bond or policy is in effect and conforms to the requirements of the related Servicing Agreement, (C) the Master Servicer has received from each Servicer such Servicer's annual audited financial statements and such other information as is required by the Guide and (D) to the best of such Officer's knowledge, based on such examination, each Servicer has performed and fulfilled its duties, responsibilities and obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the performance or fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such Officer officer and the nature and status thereof. The Copies of such officers' certificate shall be provided by the Trustee shall provide copies of the Annual Compliance Statement to any Certificateholder upon written request provided such statement certificate is delivered, or caused to be delivered, by the Master Servicer to the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities Series 2004-S Trust), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities Series 2004-W Trust)

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Reports to the Trustee; Annual Compliance Statements. The Master Servicer shall deliver to the Trustee, Trustee on or before March 31 April 30 of each year, an Annual Compliance Statement with respect to the Trust each Pooling and Master Servicing Agreement (if that the Master Servicer entered into the Trust Agreement on or before the preceding December 31), signed by an Officer of the Master Servicer, certifying that (ia) such Officer has reviewed the activities of the Master Servicer during the preceding calendar year or portion thereof and its performance under the Trust each such Pooling and Master Servicing Agreement and (iib) to the best of such Officer's knowledge, based on such review, the Master Servicer has performed and fulfilled its duties, responsibilities and obligations under the Trust each such Pooling and Master Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such Officer and the nature and status thereof, and (iii) (Ai) an Officer of the Master Servicer has conducted an examination (based solely on information and written reports furnished by each Servicer to the Master Servicer) of the activities of each Servicer during the preceding calendar year and its performance under its Servicing Agreement with the performance of such Servicer under the related Servicing AgreementCompany, (Bii) an Officer of the Master Servicer has examined each Servicer's Fidelity Bond and Errors and Omissions Policy and each such bond or policy is in effect and conforms to the requirements of the related Servicing Agreement, (Ciii) the Master Servicer has received from each Servicer such Servicer's annual audited financial statements and such other information as is required by the Guide related Servicing Agreement and (Div) to the best of such Officer's knowledge, based on such examination, each the Servicer has performed and fulfilled its duties, responsibilities and obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the performance or fulfillment of any such duties, responsibilities or obligations, specifying each such default known to such Officer and the nature and status thereof. The Trustee shall provide copies Copies of the Annual Compliance Statement of the Master Servicer shall be provided by the Trustee to any Certificateholder Securityholder upon written request provided such statement is delivered, or caused to be delivered, by the Master Servicer to the Trustee.

Appears in 2 contracts

Samples: Southpoint Residential Mortgage Securities Corp, Fremont Mortgage Securities Corp

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