Common use of Sale of Defective Assets Clause in Contracts

Sale of Defective Assets. Upon the discovery by, or written notice to, the Company or the Trustee that the Underlying Certificates are not regular interests of the REMIC or that any other asset of the REMIC is not a permitted asset of the REMIC, the party discovering such fact shall give prompt written notice to the other party. The Trustee shall sell the Underlying Certificates (or other asset, as the case may be) upon the terms and at the direction of the Company within 90 days of such discovery and any tax resulting therefrom not borne by the Trustee pursuant to Article V hereof shall be payable out of the Trust Fund.

Appears in 5 contracts

Samples: Trust Agreement (RALI Series 2005-Qr1 Trust), Trust Agreement (Stanwich Asset Acceptance CO LLC), Trust Agreement (RALI Series 2008-QR1Trust)

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Sale of Defective Assets. Upon the discovery by, or written notice to, the Company or the Trustee that the Underlying Certificates are Certificate is not a REMIC regular interests of the REMIC interest or that any other asset of the REMIC is not a permitted asset of the REMIC, the party discovering such fact shall give prompt written notice to the other party. The Trustee shall sell the such Underlying Certificates Certificate (or other asset, as the case may be) upon the terms and at the direction of the Company within 90 days of such discovery and any tax resulting therefrom not borne by the Trustee pursuant to Article V hereof shall be payable out of the Trust Fund.

Appears in 2 contracts

Samples: Trust Agreement (Residential Accredit Loans Inc), Trust Agreement (Residential Asset Gmacm Mortgage Loan Trust 2004-Jr1)

Sale of Defective Assets. Upon the discovery by, or written notice to, the Company or the Trustee that the Underlying Certificates are not regular interests of the REMIC or that any other asset of the REMIC is not a permitted asset of the REMIC, the party discovering such fact shall give prompt written notice to the other party. The Trustee shall sell the Underlying Certificates (or other asset, as the case may be) upon the terms and at the direction of the Company within 90 days of such discovery and any tax resulting therefrom not borne by the Trustee pursuant to Article V Section 5.01(d) hereof shall be payable out of the Trust Fund.

Appears in 1 contract

Samples: Trust Agreement (RFMSI Series 2004-Sr1 Trust)

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Sale of Defective Assets. Upon the discovery by, or written notice to, the Company or the Trustee that the Underlying Certificates are Certificate is not a regular interests interest of the REMIC or that any other asset of the REMIC is not a permitted asset of the REMIC, the party discovering such fact shall give prompt written notice to the other party. The Trustee shall sell the such Underlying Certificates Certificate (or other asset, as the case may be) upon the terms and at the direction of the Company within 90 days of such discovery and any tax resulting therefrom not borne by the Trustee pursuant to Article V hereof shall be payable out of the Trust Fund.

Appears in 1 contract

Samples: Trust Agreement (Residential Accredit Loans Inc)

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