Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 93 contracts
Sources: Trust Agreement (GSC Capital Corp. Mortgage Trust 2006-2), Trust Agreement (Cwabs Trust 2005-Hyb9), Trust Agreement (GSC Capital Corp. Mortgage Trust 2006-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or ________________, as the Certificate RegistrarTrust's 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 29 contracts
Sources: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (New Century Mortgage Securities Inc), Trust Agreement (National City Mortgage Capital LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate RegistrarPaying Agent, as the Trust's 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 29 contracts
Sources: Trust Agreement (Home Loan Trust 2006-Hi5), Trust Agreement (Home Loan Trust 2006-Hi3), Trust Agreement (Home Loan Trust 2006-Hi1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.063.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.05 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 20 contracts
Sources: Trust Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5), Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.063.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.05 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 19 contracts
Sources: Trust Agreement (Bear Stearns ARM Trust 2006-1), Trust Agreement (Luminent Mortgage Trust 2005-1), Trust Agreement (SACO I Trust 2006-8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it, the Trustee and the Master Servicer harmless, then then, in the absence of notice to actual knowledge by a Responsible Officer of the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, Authenticating Agent shall execute and authenticate and the Certificate Registrar shall 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 tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership of the corresponding interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 18 contracts
Sources: Pooling and Servicing Agreement (CCRE Commercial Mortgage Securities, L.P.), Pooling and Servicing Agreement (Gs Mortgage Securities Corp Ii), Pooling and Servicing Agreement (Gs Mortgage Securities Ii Series 1997-Gl I)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmlessand the Trust from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate RegistrarPaying Agent, as the Trust's 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Sources: Owner Trust Agreement (Nomura Home Equity Loan, Inc.), Owner Trust Agreement (Cendant Mortgage Capital LLC), Owner Trust Agreement (Deutsche Alt-a Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust Trust, and the Owner Trustee or the Certificate Registrar, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Sources: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it, the Trustee and the Servicer harmless, then then, in the absence of notice to actual knowledge by a Responsible Officer of the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, Authenticating Agent shall execute and authenticate and the Certificate Registrar shall 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 tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership of the corresponding interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 8 contracts
Sources: Pooling and Servicing Agreement (Asset Securitization Corp Series 1997-D5), Pooling and Servicing Agreement (Asset Securitization Corp Comm Mort Pass THR Cer Ser 1997-D4), Pooling and Servicing Agreement (Asset Securitization Corp Series 1997-D5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or ________________, as the Certificate RegistrarTrust’s 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (Deutsche Mortgage Securities Inc), Trust Agreement (Long Beach Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Depositor, the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Depositor shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, 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 tenor and denominationInitial Principal Balance, initial notional amount or Percentage Interest. In connection with the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issuedissued on the Issue Date, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2006-3), Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2006-1), Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2006-2)
Mutilated, Destroyed, Lost or Stolen Certificates. (i) If (a) any mutilated Certificate shall be is surrendered to the Certificate RegistrarTrustee, or if the Certificate Registrar shall receive Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Master Servicer[, the Certificate Registrar Insurer] and the Owner Trustee such security or indemnity as may reasonably be required by each of them to save each of them harmless, then then, in the absence of notice to the Master Servicer[, the Certificate Registrar or Insurer] and the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrarexecute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationrepresenting an equivalent beneficial ownership interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section 3.064.3, the Owner Master Servicer and the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and their fees and expenses connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 4.3 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Bcap LLC), Pooling and Servicing Agreement (Bcap LLC), Pooling and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee Trustee, or Wilmington Trust Company, as the Certificate RegistrarOwner Trustee's authenticating agent, shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, as the case may be, a new Certificate , as the case may be, of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.063.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.5 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (Mmca Auto Receivables Inc), Trust Agreement (Mmca Auto Receivables Inc), Trust Agreement (Mmca Auto Receivables Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee or the Certificate Registrar shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (Pacificamerica Money Center Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, and upon certification provided by the Holder of such Certificate that the requirements of Section 8-405 of the Relevant UCC have been met, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee or the Certificate RegistrarOwner Trustee’s 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (BLG Securities Company, LLC), Trust Agreement (Bayview Financial Securities Co LLC), Trust Agreement (HMB Acceptance Corp.)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute, authenticate and the Owner Trustee deliver (or the Certificate Registrar, Authentication 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 tenor and denominationtenor. In connection with the issuance of any new Certificate under this Section 3.063.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Owner Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.5 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (Conseco Finance Securitizations Corp), Trust Agreement (Green Tree Financial Corp), Trust Agreement (Green Tree Financial Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required requited by them it to save each of them it, be Trustee and the Servicer harmless, then then, in the absence of notice to 125 actual knowledge by a Responsible Officer of the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, Authenticating Agent shall execute and authenticate and the Certificate Registrar shall 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 tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 3.065.4, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.4 shall constitute conclusive complete and indefeasible evidence of ownership of the corresponding interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there shall be is delivered to the Master Servicer, the Securities Administrator, the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Certificate Registrar shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrarexecute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section 3.066.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 6.03 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Certificate Registrar under the terms of this Section 6.03 shall be canceled and destroyed by the Certificate Registrar in accordance with its standard procedures without liability on its part.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2007-Sd2), Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2), Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate Certificates shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificates and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.063.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.05 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement, Trust Agreement (Citigroup Mortgage Loan Trust 2005-11), Trust Agreement (Citigroup Mortgage Loan Trust 2005-6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate RegistrarTrustee or any Authenticating Agent, or if (ii) the Certificate Registrar shall receive Trustee or any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee or any Authenticating Agent such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar Trustee or the Owner Trustee any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, 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 tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 3.065.04, the Owner Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee or any Authenticating Agent) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.04 shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, REMIC I Trust Fund as if originally issued, whether or not the lost, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Washington Mutual Mort Sec Corp Pas THR Cert Ser 01 Ar1), Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 2000-5), Pooling and Servicing Agreement (Mortgage Pass Through Certificate Series 2000-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate RegistrarSecurities Administrator, or if the Certificate Registrar Securities Administrator shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar Securities Administrator and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar Securities Administrator or the Owner Trustee that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate RegistrarSecurities Administrator, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.063.04, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar Securities Administrator (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.04 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Bear Stearns ARM Trust 2007-2), Trust Agreement (Alesco Financial Inc), Trust Agreement (Bear Stearns ARM Trust 2007-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental govern mental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1), Trust Agreement (Imh Assets Corp), Trust Agreement (Imh Assets Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Securities Administrator or if the Certificate Registrar shall receive Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there shall be is delivered to the Securities Administrator, the Certificate Registrar Insurer and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrarexecute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section 3.066.03, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Securities Administrator, the Certificate Insurer and the Trustee and their counsel) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 6.03 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Securities Administrator under the terms of this Section 6.03 shall be canceled and destroyed by the Securities Administrator in accordance with its standard procedures without liability on its part.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-14he), Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-12alt), Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-16he)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it, the Trustee, Certificate Administrator and the Master Servicer harmless, then then, in the absence of notice to actual knowledge by a Responsible Officer of the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, Authenticating Agent shall execute and authenticate and the Certificate Registrar shall 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 tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership of the corresponding interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (RBS Commercial Funding Inc.), Pooling and Servicing Agreement (RBS Commercial Funding Inc.)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute, authenticate and the Owner Trustee deliver (or the Certificate Registrar, Authentication 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 tenor and denominationCertificate Balance. In connection with the issuance of any new Certificate under this Section 3.063.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Owner Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.5 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Trust Agreement (Arcadia Financial LTD), Trust Agreement (Olympic Financial LTD)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Issuer, the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust Issuer shall execute and the Owner Trustee or The Bank of New York, as the Certificate RegistrarIssuer's 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Trust Agreement (Household Consumer Loan Trust 1997-2), Trust Agreement (Household Consumer Loan Trust 1997-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has shall have been acquired by a bona fide purchaser, and provided that the requirements of Section 8-405 of the relevant Uniform Commercial Code have been met, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee Trustee, or the Certificate RegistrarOwner Trustee's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section 3.06Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/), Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate RegistrarTrustee, or if the Certificate Registrar shall receive Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there shall be is delivered to the Certificate Registrar Master Servicer and the Owner Trustee (and with respect to the Class AF-5B Certificates, the Class AF-5B Insurer) such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrarexecute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.03 shall 152 constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2005-3), Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2005-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar Administrator and the Owner Trustee Certificate Registrar such security or indemnity as may reasonably be required by them to save each of them harmless, then then, in the absence of actual notice to the Trustee, Certificate Administrator or the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Certificate Administrator shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, Registrar shall 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 like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 3.065.04, the Owner Trustee or Certificate Administrator and the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Administrator and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.04 shall constitute conclusive complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-5), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2008-Ls1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee and the Credit Enhancer such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate RegistrarPaying Agent, as the Trust's 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Trust Agreement (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1), Trust Agreement (Morgan Stanley Abs Capital I Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) ------------------------------------------------- any mutilated Certificate shall be is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any such Certificate and (b) there shall be is delivered to the Certificate Registrar Transfer Agent and Registrar, the Trustee and the Owner Trustee Transferor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Transferor shall execute and the Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall ---- ---- authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Undivided Interest, if applicable. In connection with the issuance of any new Certificate under this Section 3.066.04, the Owner Trustee or the Certificate Transfer Agent ------------ and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other expenses of the Owner Trustee or the Certificate Registrar (including the fees and expenses of counselthe Trustee and Transfer Agent and Registrar) and any tax or other governmental charge that may be imposed in connection connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 6.04 shall constitute conclusive ------------ complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Safeguard Scientifics Inc Et Al), Pooling and Servicing Agreement (Compucom Systems Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor -12- and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2004-7), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Depositor, the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Depositor shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, 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 tenor and denominationInitial Principal Balance, initial notional amount or Percentage Interest. In connection with the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issuedissued on the Issue Date, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Citicorp Residential Mortgage Securities, Inc.), Pooling and Servicing Agreement (Citifinancial Mortgage Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute in the name and on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Sources: Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (Novastar Mortgage Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar Registrar, the NIMs Insurer and the Owner Trustee such security or indemnity as may be required by them to save each of them harmlessand the Trust from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, as the Trust's 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Trust Agreement (Merrill Lynch Mortgage Investors Trust, Series 2007-Sl1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate RegistrarSecurities Administrator, or if the Certificate Registrar shall receive Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Registrar Depositor, the Servicers, the Master Servicer, the Securities Administrator and the Owner [Delaware] Trustee such security or indemnity as may be required by them to save hold each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrarexecute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Securities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute, authenticate and the Owner Trustee deliver (or the Certificate Registrar, Authentication 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 tenor and denominationportion of Certificate Principal Balance. In connection with the issuance of any new Certificate under this Section 3.063.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Owner Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.5 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Trustee, any authenticating agent or the Certificate Registrar, if other than the Trustee, or if the Certificate Registrar shall receive any of them receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar and the Owner Trustee each such party such security or indemnity as they may be required by them require to save each of them hold themselves and the Trust harmless, then then, in the absence of actual notice to a Responsible Officer of the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, deliver in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of an authorized denomina tion, of like tenor tenor, like Initial Amount and denominationlike Princi pal Balance. In connection with Upon the issuance of any new Certificate under this Section 3.066.4, the Owner Certificate Registrar, if other than the Trustee, the Trustee or the Certificate Registrar and any authenticat ing agent may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses con nected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 6.4 shall constitute conclusive complete and indefeasible evidence of ownership of the undivided percentage interest in the Trust, as if originally issuedis sued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (aii) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or ________________, as the Certificate RegistrarTrust’s 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Trust Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If -------------------------------------------------
(a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Trust Agreement (Imh Assets Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there shall be is delivered to the Trustee (and with respect to any Class A-1B Certificates, to the Class A-1B Certificate Registrar and the Owner Trustee Insurer) such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrarexecute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and its counsel) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) ------------------------------------------------- any mutilated Certificate shall be is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Registrar Transfer Agent and Registrar, the Owner Controlling Party and Trustee such security or indemnity as may be reasonably required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Seller shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and the Transfer Agent and Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.066.05, the Owner Trustee or the Certificate Transfer ------------ Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 6.05 shall constitute conclusive ------------ complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Rockford Industries Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has shall have been acquired by a bona fide BONA FIDE purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee Trustee, or Wilmington Trust Company, as the Certificate RegistrarOwner Trustee's authenticating agent, shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, as the case may be, a new Certificate , as the case may be, of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.063.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.5 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar or the Trustee and to the Owner Trustee Certificate Insurer such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has shall have been acquired by a bona fide purchaserpurchaser other than the Person who requested a replacement Certificate, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.066.4, the Owner Trustee or and the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 6.4 shall 49 constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Chevy Chase Bank FSB)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust Issuing Entity and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.063.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.05 shall constitute conclusive evidence of ownership in the TrustIssuing Entity, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate RegistrarSecurities Administrator, or if the Certificate Registrar Securities Administrator shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar Securities Administrator and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar Securities Administrator or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate RegistrarSecurities Administrator, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar Securities Administrator (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Trust Agreement (Newcastle Mortgage Securities Trust 2007-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust Trust, and the Owner Trustee or the Certificate Registrar, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. With respect to the restriction on transfer of the Certificates contained in this Section 3.05, any transferor providing an Opinion of Counsel shall (i) deliver such opinion to the appropriate addresses, (ii) confirm the acceptability of such opinion with the applicable addressees and (iii) inform the Note Registrar of delivery and confirmation described in clause (i) and clause (ii).
Appears in 1 contract
Sources: Trust Agreement (American Home Mortgage Investment Trust 2005-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be reasonably required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Trust Agreement (Superior Bank FSB)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute, authenticate and the Owner Trustee deliver (or the Certificate Registrar, Authentication 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 tenor and denominationtenor. In connection with the issuance of any new Certificate under this Section 3.063.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Owner Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 3.5 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Registrar Transfer Agent and Registrar, the Trustee and the Owner Trustee Transferor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Transferor shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and (unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Undivided Interest, if applicable. In connection with the issuance of any new Certificate under this Section 3.066.04, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental expenses of the Owner Trustee or the Certificate Registrar (including the fees and expenses of counselthe Trustee and Transfer Agent and Registrar) and any tax or other governmental charge that may be imposed in connection connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 6.04 shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Firestone Retail Credit Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate RegistrarTrustee, or if the Certificate Registrar shall receive Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there shall be is delivered to the Certificate Registrar Master Servicer and the Owner Trustee (and with respect to the Class 1-AV-1 Certificates, the Guarantor and the Class 1-AV-1 Insurer) such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrarexecute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Trustee under the terms of this Section 5.03 shall be canceled and destroyed by the Trustee in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2004-15)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of actual notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate RegistrarPaying Agent, as the Trust's 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Trust Agreement (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee and the Credit Enhancer such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate RegistrarPaying Agent, as the Trust’s 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 tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it, the Trustee and the Master Servicers harmless, then then, in the absence of notice to actual knowledge by a Responsible Officer of the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, Authenticating Agent shall execute and authenticate and the Certificate Registrar shall 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 tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership of the corresponding interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Registrar Transfer Agent and the Owner Registrar, Bond Insurer and Trustee such security or indemnity as may be reasonably required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Seller shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and the Transfer Agent and Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section 3.066.05, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 6.05 shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Rockford Industries Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to CMSI, the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee CMSI shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, 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 tenor and denominationInitial Principal Amount, initial notional amount or Percentage Interest. In connection with the issuance of any new Certificate under this Section 3.065.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 5.03 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issuedissued on the Issue Date, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Securities Administrator or if the Certificate Registrar shall receive Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there shall be is delivered to the Certificate Registrar Securities Administrator, the Trustee and the Owner Trustee Certificate Insurer such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrarexecute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section 3.066.03, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Securities Administrator, the Trustee and the Certificate Insurer and their counsel) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.06 6.03 shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Securities Administrator under the terms of this Section 6.03 shall be canceled and destroyed by the Securities Administrator in accordance with its standard procedures without liability on its part.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series 2004-11he)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any ------------------------------------------------- mutilated Certificate shall be is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any such Certificate and (b) there shall be is delivered to the Certificate Registrar Transfer Agent and Registrar, the Trustee and the Owner Trustee Transferor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee Transferor shall execute on behalf of the Trust and the Owner Trustee or the Certificate Registrar, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Undivided Interest, if applicable. In connection with the issuance of any new Certificate under this Section 3.066.04, the Owner Trustee or the Certificate ------------ Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other expenses of the Owner Trustee or the Certificate Registrar (including the fees and expenses of counselthe Trustee and Transfer Agent and Registrar) and any tax or other governmental charge that may be imposed in connection connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 6.04 shall constitute conclusive ------------ complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Compucom Systems Inc)