Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the Authenticating Agent, or the Trustee or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the Authenticating Agent such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of notice to the Trustee or the Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest and of the same Class. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the fees and expenses of the Trustee or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.
Appears in 132 contracts
Sources: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities Series 2004-H), Pooling and Servicing Agreement (Wells Fargo Asset Sec Corp Mort Pass THR Certs Ser 2003-A)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 96 contracts
Sources: Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2004-Ar14), Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2004-Ar9), Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2005-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee on behalf of the Trust shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership a beneficial interest in the Trust Estate, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 77 contracts
Sources: Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2006-6), Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2006-Ar6), Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2006-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee Paying Agent, the Certificate Registrar or the Authenticating Agent, or the Trustee Paying Agent, the Certificate Registrar or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee Paying Agent, the Certificate Registrar or the Authenticating Agent such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of notice to the Trustee Paying Agent, the Certificate Registrar or the Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee Paying Agent shall execute and authenticate countersign (or cause the Authenticating Agent to authenticatecountersign) and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and principal portion or Percentage Interest and of the same Class. Upon the issuance of any new Certificate under this Section, the Trustee Paying Agent or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the fees and expenses of the Trustee Paying Agent or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.
Appears in 42 contracts
Sources: Trust Agreement (Wells Fargo Asset Securities Corp), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2006-6 Trust), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2006-3 Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 42 contracts
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-4), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee Trust Administrator or the Authenticating Agent, or the Trustee Trust Administrator or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee Trust Administrator or the Authenticating Agent such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of notice to the Trustee Trust Administrator or the Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee Trust Administrator shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest and of the same Class. Upon the issuance of any new Certificate under this Section, the Trustee Trust Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the fees and expenses of the Trustee Trust Administrator or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.
Appears in 39 contracts
Sources: Pooling and Servicing Agreement (Norwest Asset Securities Corp Mor Pas THR Cert Ser 1998-6 Tr), Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1998-29 Trust), Pooling and Servicing Agreement (Norwest Asset Securities Corp Mor Pas Th Cert Ser 1999-9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the Authenticating Agent, or the Trustee or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the Authenticating Agent such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of notice to the Trustee or the Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest and of the same ClassClass or Subclass. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the fees and expenses of the Trustee or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.
Appears in 17 contracts
Sources: Pooling and Servicing Agreement (Norwest Ass Sec Corp Mort Pas THR Cert Ser 1997-02 Trust), Pooling and Servicing Agreement (Norwest Asset Securities Corp Mor Pas Th Cert Ser 1997-11 Tr), Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1997-16 Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee Trust Administrator or the Authenticating Agent, or the Trustee Trust Administrator or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee Trust Administrator or the Authenticating Agent such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of notice to the Trustee Trust Administrator or the Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee Trust Administrator shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest and of the same ClassClass or Subclass. Upon the issuance of any new Certificate under this Section, the Trustee Trust Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the fees and expenses of the Trustee Trust Administrator or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.
Appears in 15 contracts
Sources: Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1997-19 Trust), Pooling and Servicing Agreement (Norwest Asset Securities Corp Mort Pass THR Cert Ser 1996-5), Pooling and Servicing Agreement (Norwest Asset Securities Corp Mort Pass THR Cert Ser 1997-21)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC I (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 13 contracts
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass-Through Certificates, Series 2004-Ar5), Pooling and Servicing Agreement (BellaVista Finance CORP), Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2004-Ar11)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(i) any mutilated Certificate is surrendered to the Trustee or the Authenticating Agent, or the Trustee or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the Authenticating Agent such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of notice to the Trustee or the Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest and of the same Class. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the fees and expenses of the Trustee or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Sources: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp Mort Ba Sec 2001-24 Trust), Pooling and Servicing Agreement (Wells Fargo Asset Mortgage Back Securities 2001-19 Trust), Pooling and Servicing Agreement (Wells Fargo Asset Sec Corp Mort Pass THR Cert Ser 2003-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee Securities Administrator or the Authenticating AgentCertificate Registrar, or the Trustee or Securities Administrator and the Authenticating Agent receives Certificate Registrar receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (iib) there is delivered to the Securities Administrator, the Trustee or and the Authenticating Agent Certificate Registrar such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to actual knowledge by the Trustee Securities Administrator or the Authenticating Agent Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute and authenticate (or cause the Authenticating Agent Certificate Registrar to authenticate) 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 of like tenor and principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under pursuant to this Section, the Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the Authenticating AgentCertificate Registrar) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust EstateTrust, as if originally issued, whether or not the lostdestroyed, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 7 contracts
Sources: Master Servicing and Trust Agreement (GSR Mortgage Loan Trust 2007-2f), Master Servicing and Trust Agreement (GSR Mortgage Loan Trust 2006-9f), Master Servicing and Trust Agreement (STARM Mortgage Loan Trust 2007-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC III Trust EstateFund (or with respect to the Class R-1 and Class R-2 Certificates, the residual ownership interests in the REMIC I Trust Fund and REMIC II Trust Fund, respectively) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass Thru Cert Ser 2000 4), Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 2000-8), Pooling and Servicing Agreement (PNC Mortgage Securities Corp 1999-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust EstateFund (or with respect to the Class R-1 Certificates, the residual ownership interests in the REMIC I Trust Fund) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass Thro Cert Ser 2000-9), Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass THR Cert Ser 1999-11), Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass Throu Cert Ser 2000 6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC III (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I, REMIC II and REMIC III) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2003-Ar5), Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certs Series 2004-S1), Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certs Ser 2003-S11)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC III Trust EstateFund (or with respect to the Class R Certificates, the residual ownership interests in the REMIC I Trust Fund, REMIC II Trust Fund and REMIC III Trust Fund) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Wamu Mor Pass Thru Cert Ser 2001-Ar1), Pooling and Servicing Agreement (Washington Mutual MSC Mortgage Pass Thro Cert Ser 2001-Ms14), Pooling and Servicing Agreement (Pass Through Certificates Series 2001-Ms10)
Mutilated, Destroyed, Lost or Stolen Certificates. If If
(i) any mutilated Certificate is surrendered to the Trustee Trust Administrator or the Authenticating Agent, or the Trustee Trust Administrator or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee Trust Administrator or the Authenticating Agent such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of notice to the Trustee Trust Administrator or the Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee Trust Administrator shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest and of the same Class. Upon the issuance of any new Certificate under this Section, the Trustee Trust Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the fees and expenses of the Trustee Trust Administrator or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Wells Fargo Asset Sec Corp Mort Pass THR Cert Ser 2000-13), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2001-15), Pooling and Servicing Agreement (Wells Fargo Asset Sec Corp Mort Pass THR Cert Ser 2000-14)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 4.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 4.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling Agreement (Merrill Lynch Mortgage Investors Inc), Pooling Agreement (Abn Amro Mortgage Corp Series 1999-Rsi), Pooling Agreement (Merrill Lynch Mortgage Investors Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust EstateFund (or with respect to the Class R Certificates, the residual ownership interest in the REMIC I Trust Fund and REMIC II Trust Fund) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass Through Cert Ser 2001-Ms11), Pooling and Servicing Agreement (Wmau Mortgage Pass Through Certificates Series 2001-S9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust Estate, REMIC I as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Washington Mutual MSC Mortgage Pass THR Cert Ser 2002 Ms12), Trust Agreement (Wamu Mortgage Pass-Through Certificates Series 2004-Rs2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Class A-3 Certificates, MBIA) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-2), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee Trust Administrator or the Authenticating AgentCertificate Registrar, or the Trustee or Trust Administrator and the Authenticating Agent receives Certificate Registrar receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or Trustee, the Authenticating Agent Trust Administrator, the NIMS Insurer and the Certificate Registrar such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to actual knowledge by the Trustee Trustee, the Trust Administrator or the Authenticating Agent Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Trustee, or the Trust Administrator on behalf of the Trustee, shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest the same Class and of the same Classlike denomination and Percentage Interest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the Authenticating AgentCertificate Registrar) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estateapplicable REMIC created hereunder, 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: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc as-Bk Ps-Th Ct Sr 2002-1), Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Ass Bk Pas THR Certs Ser 2002 2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Class A-9 Certificates, MBIA) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.. 125
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Pass Through Certificates Series 2002-Ms2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any 100 Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass THR Certs Ser 2003-Ar1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) shall 84 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mort Corp Multi Class Mort Pass THR Cert Ser 2003-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.. 127
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Pass Through Certificates Series 2002-Ms4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any 112 Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2002-S2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee Trust Administrator or the Authenticating AgentCertificate Registrar, or the Trustee or Trust Administrator and the Authenticating Agent receives Certificate Registrar receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to 154 the Trustee or Trustee, the Authenticating Agent Trust Administrator the NIMS Insurer and the Certificate Registrar such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to actual knowledge by the Trustee Trustee, the Trust Administrator or the Authenticating Agent Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Trustee, or the Trust Administrator on behalf of the Trustee, shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest the same Class and of the same Classlike denomination and Percentage Interest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the Authenticating AgentCertificate Registrar) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estateapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Insured Certificates, MBIA) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Multi Class Cer Ser 2002-8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent and the Certificate Insurer (in the case of a Class A Certificate) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust Estate, Fund as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 1999-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust EstateFund (or with respect to the Class R-1 Certificates, the residual ownership interest in the REMIC I Trust Fund) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Cert Series 2001-S8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust Estate, Fund as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC I (or with respect to 76 the Trust EstateClass R Certificates, the residual ownership interests in REMIC I) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2002 Ar12)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Class A-5 Certificates, MBIA) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2000-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Certificate Trustee or the any Authenticating Agent, or (ii) the Certificate Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Certificate Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Certificate Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Certificate Trustee shall execute and authenticate (the Certificate Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassFractional Undivided Interest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Certificate Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Certificate Trustee or the any Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.connected
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CMC Securities Corp Iv)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.. 95
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Washington Mutual Mort Sec Corp Wamu Series 2003-Ar11)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Class A-7 Certificates, MBIA) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any 128 Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass Through Cert Ser 2003-Ms3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in 156 relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC II Trust EstateFund (or with respect to the Class R-1 Certificates, the residual ownership interests in the REMIC I Trust Fund) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass THR Cert Ser 1999-9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estate, as if originally issued, whether or not the lost, stolen, or destroyed Certificate shall be found at any time.Authenticating
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2002-Ar15)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent and the Certificate Insurer such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust Estate, Fund as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) ------------------------------------------------- any mutilated Certificate is surrendered to the Trustee or the Authenticating AgentTransfer Agent and Registrar, or the Trustee or the Authenticating Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (iib) there is delivered to the Transfer Agent and Registrar and Trustee or the Authenticating Agent such security or indemnity as may be required by them and Transferor to hold each of them them, the Trust and Transferor harmless, then, in the absence of notice to the Trustee or the Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, Transferor shall execute and, upon the request of Transferor, Trustee shall execute and authenticate (or cause the Authenticating Agent to authenticate) and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, terms and principal portion or Percentage Interest amount and of the same Classbearing a number that is not contemporaneously outstanding. Upon In connection with the issuance of any new Certificate under this Sectionsection, the 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 charge that may be imposed in relation thereto and any other expense expenses (including the reasonable fees and expenses of the Trustee or the Authenticating Agentand Transfer Agent and ▇▇▇▇▇▇▇▇▇) in connection connected therewith. Any duplicate Certificate issued pursuant to this Section section shall constitute complete conclusive and indefeasible evidence of ownership of an interest in the Trust EstateTrust, as if originally issued, whether or not the lost, stolen, stolen or destroyed Certificate shall be found at enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any timeand all Certificates of the same class and Series that are duly issued hereunder.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Healthcare Financial Partners Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC III Trust EstateFund (or with respect to the Class R-1 and Class R-2 Certificates, the residual ownership interests in 113 the REMIC I Trust Fund and REMIC II Trust Fund, respectively) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Cert Series 2001-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.. 104
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Cert Series 2002-S8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that 109 may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (WaMu Mortgage Pass-Through Certificates, Series 2004-S3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the Authenticating AgentCertificate Registrar, or the Trustee or and the Authenticating Agent receives Certificate Registrar receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or Trustee, the Authenticating Agent Certificate Registrar and, with respect to the Guaranteed Certificates, the Guarantor such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to actual knowledge by the Trustee or Trustee, the Authenticating Agent Guarantor and the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (or cause the Authenticating Agent to authenticate) and Certificate 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 principal portion or Percentage Interest the same Class and of the same Classlike denomination and Percentage Interest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the Authenticating AgentCertificate Registrar) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Estateapplicable REMIC created hereunder, 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 (Asset Backed Sec Corp Pass Through Certificates Ser 2002-He3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or the Authenticating AgentTransfer Agent and Registrar, or the Trustee or the Authenticating Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (iib) there is delivered to the Transfer Agent and Registrar and the Trustee or the Authenticating Agent such security or indemnity as may be required by them to hold save the Trust and each of them harmless, then, in the absence of actual notice to the Trustee or the Authenticating Transfer Agent and Registrar that such Certificate has been acquired by a bona fide purchaser, the Company shall execute and, upon the written request of the Company, the Trustee shall execute and authenticate (or cause the Authenticating Agent to 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 principal portion or Percentage Interest aggregate fractional undivided interest and of the same Classbearing a number that is not contemporaneously outstanding. Upon In connection with the issuance of any new Certificate under this SectionSection 5.4, the 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 charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the Authenticating Agentand Transfer Agent and Registrar) in connection connected therewith. Any duplicate Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateTrust, 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: Master Pooling and Servicing Agreement (General Cable Corp /De/)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ia) any mutilated Certificate is surrendered to the Trustee or the Authenticating Agent, Certificate Registrar or the Trustee or the Authenticating Agent Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (iib) there is delivered to the Depositor, the Certificate Registrar and the Trustee or the Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust Fund harmless, then, in the absence of notice to the Trustee Certificate Registrar or the Authenticating Agent Trustee that such Certificate has been acquired by a bona fide purchaser, the Authenticating Agent or the Trustee shall execute and authenticate (the Trustee or cause the Authenticating Agent to authenticate) shall authenticate and deliver, deliver in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and principal portion or Percentage Interest and of the same Class. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or and the Authenticating AgentCertificate Registrar) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the mutilated, lost, stolen, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Sources: Trust and Servicing Agreement (Kranzco Realty Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent 77 that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.4, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of ownership in the Trust EstateFund, as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to hold save each of them harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion or Percentage Interest and of the same ClassInterest. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in the REMIC III Trust EstateFund (or with respect to the Class R-1 and Class R-2 Certificates, the residual ownership interests in 136 the REMIC I Trust Fund and REMIC II Trust Fund, respectively) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Washington Mutual Mor Sec Corp Mor Pass Thru Cert Ser 2001-8)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) shall authenticate and deliver, in exchange for or in lieu of any such 119 mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC II (or with respect to the Trust EstateClass R Certificates, the residual ownership interests in REMIC I and REMIC II) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates 2002-S7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee or the any Authenticating Agent, or (ii) the Trustee or the any Authenticating Agent receives evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee or the any Authenticating Agent such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee or the any Authenticating Agent that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute and authenticate (the Trustee or cause the any Authenticating Agent to authenticate) 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 principal portion Certificate Principal Balance or Percentage Interest and of the same Classas applicable. Upon the issuance of any new Certificate under this SectionSection 5.04, the Trustee or the Certificate Registrar any Authenticating Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense expenses (including the fees and expenses of the Trustee or the any Authenticating Agent) in connection connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.04 shall constitute complete and indefeasible evidence of ownership in REMIC I (or with respect to the Trust EstateClass [_____] Certificates, the residual ownership interests in REMIC I) as if originally issued, whether or not the lost, stolen, lost or destroyed stolen Certificate shall be found at any time.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (WaMu Asset Acceptance Corp.)