Contract
EXHIBIT 31
CERTIFICATION
Re: Xxxxxx Xxxxxxx Capital I 2004-HQ3, issued pursuant to the pooling and servicing agreement, dated March 1, 2004 ( the "Pooling and Servicing Agreement"), among Xxxxxx Xxxxxxx Capital I Inc., as depositor (the "Depositor"), Xxxxx Fargo Bank National Association, as master servicer (the "Master Servicer"), GMAC Commercial Mortgage Corporation, as special servicer (the "Special Servicer"), LaSalle Bank National Association, as trustee (the "Trustee") and ABN AMRO Bank, N.V., as fiscal agent (the "Fiscal Agent"). I, Xxxxx Xxxxxxxx, certify that: 1. I have reviewed this annual report on Form 10-K (the "Annual Report"), and all reports on Form 8-K containing distribution or servicing reports (collectively with this Annual Report,
the "Reports") filed in respect of periods included in the year covered by this annual report, of the Trust; 2. Based on my knowledge, the information in these Reports, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were made, not misleading as of the last day of the period covered by this Annual Report; 3. Based on my knowledge, the distribution or servicing information required to be provided to the Trustee by the Servicer under the Pooling and Servicing or similar, agreement, for
inclusion in these reports is included in these reports; 4. Based on my knowledge and upon the annual compliance statement included in the Annual Report and required to be delivered to the trustee in accordance with the terms of the
Pooling and Servicing Agreement, and except as disclosed in the reports, the Servicer has fulfilled its obligations under the servicing agreement; and 5. The Reports disclose all significant deficiencies relating to the Servicer's compliance with the minimum servicing standards based upon the report provided by an independent public
accountant, after conducting a review in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar procedure, as set forth in the pooling and servicing, or similar, agreement, that is included in these Reports. In giving the certifications above, I have reasonably relied on information provided to me
by the following unaffiliated parties: GMAC Commercial Mortgage Corporation as Special Servicer, Xxxxx Fargo Bank, National Association, as Master Servicer and LaSalle Bank National Association as Trustee. Date: March 24, 2005 By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: President |