Trustee Certification. The Trustee certifies, as of the Original Issue Date, that the Trustee Officer's Certificate, a copy of which is attached as Exhibit C to this Closing Instrument, is true and correct and remains in full force and effect.
Trustee Certification. (c)(1)(C) of the Standard Terms is hereby amended by inserting "(other than the Cut-off Date Principal Balance and the original Mortgage Loan-to-Value Ratio of each Mortgage Loan)" after "Mortgage Loan Schedule."
Trustee Certification. 39 SECTION 18.
Trustee Certification. Any certificate executed by an individual who, according to the records in the office of the Secretary of The Commonwealth of Massachusetts appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the due authorization of the execution of any instrument or writing, (c) the form of any vote passed at a meeting of Trustees or Shareholders, (d) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfied the requirements of this Declaration of Trust, (e) the form of this Declaration, the Trust’s By-Laws or any amendment thereto, (f) the identity of any officers elected by the Trustees, or (g) the existence or nonexistence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any Person dealing with the Trustees or any of them and the successors of such Person.
Trustee Certification. 42 SECTION 20. AMENDMENTS TO THE STANDARD TERMS............................................... 42 SECTION 21. GOVERNING LAW.................................................................. 46 SECTION 22.
Trustee Certification. 43 Section 20. Amendments to the Standard Terms............................................44 Section 21. Governing Law...............................................................47 Section 22. Forms of Certificates.......................................................47 Section 23. Counterparts................................................................47 Section 24. Entire Agreement............................................................48 THIS SERIES 2001-E POOLING AND SERVICING AGREEMENT, dated as of November 1, 2001, is made with respect to the formation of OMI Trust 2001-E (the "Trust") among OAKWOOD MORTGAGE INVESTORS, INC., a Nevada corporation ("OMI"), OAKWOOD ACCEPTANCE CORPORATION, LLC, a Delaware limited liability company ("OAC" and, in its capacity as servicer, the "Servicer"), and JPMORGAN CHASE BANK, a New York banking corporation, as trustee (the "Trustee"), under this Agreement and the Standard Terms to Pooling and Servicing Agreement, September 2001 Edition (the "Standard Terms"), all the provisions of which are incorporated herein as modified hereby and shall be a part of this Agreement as if set forth herein in full (this Agreement with the Standard Terms so incorporated, the "Pooling and Servicing Agreement"). Capitalized terms used and not otherwise defined herein shall have the respective meanings given them in the Standard Terms.
Trustee Certification. A Certificate from the trustee warranting that:
(a) The trust will not be revoked or substantially amended for the term of the Loan without the consent of SBA;
(b) The trustee has authority to act;
(c) The trust has the authority to borrow funds, guarantee loans, and pledge trust assets, (d) If the trust is an Eligible Passive Company, the trustee has authority to lease the property to the Operating Company; (e) There is nothing in the trust agreement that would prevent Lender from realizing on any security interest in trust assets;
Trustee Certification. Pursuant to Section 2.02(f) of the Trust and Servicing Agreement, the Trustee hereby certifies that:
(a) the Trustee or a Custodian on its behalf is in the possession of (i) the Promissory Note 2023-1A, dated as of the date hereof, made by the Borrowers to the order of the Trustee, in the aggregate principal amount of $1,300,000,000 and (ii) the Promissory Note 2023-1R, dated as of the date hereof, made by the Borrowers to the order of the Trustee, in the aggregate principal amount of $68,500,000 (together, the “2023-1 Notes”); and
(b) the Trustee or such Custodian on its behalf has reviewed each such 2023-1 Note (or copies thereof) and each such 2023-1 Note (i) appears regular on its face, (ii) appears to have been executed and (iii) purports to relate to the Mortgage Loan.
Trustee Certification. 39 SECTION 18. AMENDMENTS TO THE STANDARD TERMS ................................................ 39
Trustee Certification. A Certificate from the trustee warranting that:
(a) The trust will not be revoked or substantially amended for the term of the Loan without the consent of SBA;
(b) The trustee has authority to act;
(c) The trust has the authority to borrow funds, guarantee loans, and pledge trust assets;
(d) If the trust is an Eligible Passive Company, the trustee has authority to lease the property to the Operating Company;
(e) There is nothing in the trust agreement that would prevent Lender from realizing on any security interest in trust assets;
(f) The trust agreement has specific language confirming the above; and SBA Loan Number: PLP 48794050-02 FL SBA Loan Name: Health Insurance Innovations Page 6 (7a Wizard 2009.4 (w7))
(g) The trustee has provided and will continue to provide SBA with a true and complete list of all trusters and donors.
