Common use of Annual Statements of Compliance Clause in Contracts

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (CSMC Trust 2007-4), Pooling and Servicing Agreement (CSMC Mortgage Backed Trust Series 2007-1), Pooling and Servicing Agreement (CSMC Trust 2007-4)

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Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3), Pooling and Servicing Agreement (J P Morgan Acceptance Corp I), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, Servicer or the Trust Securities Administrator or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, Agreement or any Servicing Function Participant engaged by such parties is terminated or resigns pursuant to the terms of any other applicable agreement in the case of an Additional Servicer, as the case may beagreement, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such other applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2006-Wf1), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A3), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A4)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, Servicer or the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, Agreement or any Servicing Function Participant engaged by such parties is terminated or resigns pursuant to the terms of any other applicable agreement in the case of an Additional Servicer, as the case may beagreement, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such other applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2005-A7), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S4), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A6)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2006-7), Pooling and Servicing Agreement (CSMC 2006-8), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2006-9)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008of the calendar year following the calendar year in which the Closing Date of the related Series occurs, an Officer’s 's Certificate (an "Item 1123 Certificate") stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement, provided, however, that Xxxxx Fargo, in its capacity as a Servicer, shall only be obligated to provide the Item 1123 Officer's Certificate to the Master Servicer and the Master Servicer shall forward such 1123 Officer's Certificate to the Depositor, the Trustee and the Trust Administrator or, if there is no Master Servicer, to the Depositor and the Depositor shall forward such 1123 Officer's Certificate to the Trustee and the Trust Administrator. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Administrator pursuant to this SectionSection 13.06. In the event the Master Servicer, the Trust Administrator or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicera Servicing Function Participant, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate partiesSection 13.06.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2007-1), Adjustable Rate Mortgage Trust 2007-1, Adjustable Rate Mortgage Loan Trust 2007-2

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A4), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A3), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A6)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 Within 75 days after December 31 of each year, commencing beginning in March 20082007, the Servicer at its own expense shall deliver to the Trustee, the Depositor and the Rating Agencies, an Officer’s Certificate of the Servicer (an “Item 1123 CertificateAnnual Statement of Compliance”) stating, as to the signer thereof, that (Ai) a review of such party’s the activities of the Servicer during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, Agreement has been made under such officer’s supervision and supervision, (Bii) to the best of such officer’s knowledge, based on such review, such party the Servicer has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, Agreement in all material respects throughout for such year or portion thereofyear, or, if there has been a failure to fulfill default in the fulfillment of any such obligation in any material respectobligation, specifying each such failure default known to such officer and the nature and status thereof. Promptly after receipt thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer’s supervision; and (iv) to the best of the Servicing Officer’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as default known to the nature of any failures by such party, in the fulfillment of any Servicing Officer. Copies of such party’s obligations hereunder or, in statements shall be provided by the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant Certificateholders upon request or by the Trustee at the expense of the Servicer should the Servicer fail to this Sectionprovide such copies. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. In the event that the Master ServicerServicer has delegated any servicing responsibilities with respect to the Mortgage Loans to a Subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i) through (iii) of Regulation AB, the Trust Administrator Servicer shall cause the related Subservicer or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, subcontractor (as the case may be) to deliver a similar Annual Statement of Compliance by that Subservicer or subcontractor to the Trustee, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or the Depositor and the Rating Agencies as described above as and when required with respect to such applicable agreement, servicer. To the extent that the Trustee does not receive any such similar Annual Statement of Compliance from a Subservicer or subcontractor (as the case may be), notwithstanding any it shall be entitled to assume no such termination, assignment Subservicer or resignation. The Master Servicer shall enforce any obligation of any Designated subcontractor has been used by the Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, Agreement or any Servicing Function Participant engaged by such parties is terminated or resigns pursuant to the terms of any other applicable agreement in the case of an Additional Servicer, as the case may beagreement, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such other applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2007-A1), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A7), Pooling and Servicing Agreement (J P Morgan Acceptance Corp I)

Annual Statements of Compliance. The Master Servicer, Not later than the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available earlier of (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make availablea) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each yearcalendar year (other than the calendar year during which the Closing Date occurs) or (b) with respect to any calendar year during which the Depositor's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission, commencing 15 Business Days before the date on which the Depositor's annual report on Form 10-K is required to be filed in March 2008accordance with the Exchange Act and the rules and regulations of the Commission (or, in each case, if such day is not a Business Day, the immediately preceding Business Day), the Master Servicer at its own expense shall deliver to the Indenture Trustee, with a copy to the Rating Agencies, an Officer’s 's Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (Ai) a review of such party’s the activities of the Master Servicer during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, Servicing Agreement has been made under such officer’s supervision and 's supervision, (Bii) to the best of such officer’s 's knowledge, based on such review, such party the Master Servicer has fulfilled all its obligations under this Agreement, or Servicing Agreement for such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereofyear, or, if there has been a failure to fulfill default in the fulfillment of any such obligation in any material respectobligation, specifying each such failure default known to such officer and the nature and status thereof. Promptly after receipt thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as default known to the nature of any failures by such party, in the fulfillment of any Servicing Officer. Copies of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer statements shall include all Item 1123 Certificates received be provided by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to Bondholders upon request or by the Trust Administrator, Indenture Trustee at the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to expense of the Master Servicer (only so long as Xxxxx Fargo is should the Master Servicer) who in turn will forward Servicer fail to provide such items to the appropriate partiescopies.

Appears in 2 contracts

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-5), Servicing Agreement (Impac CMB Trust Collaterlized Ab Bond Series 2003-3)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, Administrator and the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, Administrator and the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated the Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (TBW 2006-1), Pooling and Servicing Agreement (TBW 2006-2)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 12.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Jpmac 2006-Cw2), Pooling and Servicing Agreement (Jpmac 2006-Cw2)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Administrator Servicer or any Additional Servicer Servicing Function Participant engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMMT 2007-A6), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-A5)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make availabledeliver) to the Depositor, the Trustee and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer the Servicers with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Section. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 14.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-5), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-4)

Annual Statements of Compliance. The Master ServicerWithin 75 days after December 31 of each year, beginning in 2007, the Trust Administrator, the Modification Oversight Agent and each Servicer at its own expense shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008Rating Agencies, an Officer’s Certificate of the Servicer (an “Item 1123 CertificateAnnual Statement of Compliance”) stating, as to the signer thereof, that (Ai) a review of such party’s the activities of the Servicer during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, Agreement has been made under such officer’s supervision and supervision, (Bii) to the best of such officer’s knowledge, based on such review, such party the Servicer has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, Agreement in all material respects throughout for such year or portion thereofyear, or, if there has been a failure to fulfill default in the fulfillment of any such obligation in any material respectobligation, specifying each such failure default known to such officer and the nature and status thereof. Promptly after receipt thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer’s supervision; and (iv) to the best of the Servicing Officer’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as default known to the nature of any failures by such party, in the fulfillment of any Servicing Officer. Copies of such party’s obligations hereunder or, in statements shall be provided by the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant Certificateholders upon request or by the Trustee at the expense of the Servicer should the Servicer fail to this Sectionprovide such copies. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. In the event that the Master ServicerServicer has delegated any servicing responsibilities with respect to the Mortgage Loans to a Subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i) through (iii) of Regulation AB, the Trust Administrator Servicer shall cause the related Subservicer or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, subcontractor (as the case may be, such party shall provide an Item 1123 Certificate pursuant ) to this Section 13.06 deliver a similar Annual Statement of Compliance by that Subservicer or subcontractor to the Trustee and the Rating Agencies as described above as and when required with respect to such applicable agreement, servicer. To the extent that the Trustee does not receive any such similar Annual Statement of Compliance from a Subservicer or subcontractor (as the case may be, notwithstanding any ) it shall be entitled to assume no such termination, assignment Subservicer or resignation. The Master Servicer shall enforce any obligation of any Designated subcontractor has been used by the Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all all Item 1123 Certificates Certifications received by it from each Servicer the Servicers with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Section. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S1), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-1), Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-2)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Additional Servicer with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A2), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, Agreement or any Servicing Function Participant engaged by such parties is terminated or resigns pursuant to the terms of any other applicable agreement in the case of an Additional Servicer, as the case may beagreement, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such other applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2007-A2), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2007-A2)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Agent, each Custodian (to the extent required by its respective Custodial Agreement) and each Servicer (including the Back-up Servicer or the Special Servicer if it has succeeded to the obligation of a Servicer to service any of the Mortgage Loans) shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 14.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Certificate Insurer, the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSAB Mortgage-Backed Trust 2006-3)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, Administrator and the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, Administrator and the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. 128 The Master Servicer shall enforce any obligation of any Designated the Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-4)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer (including the Special Servicer) shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A5)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, Administrator and the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, Administrator and the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 14.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated the Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.135

Appears in 1 contract

Samples: Pooling and Servicing Agreement (TBW Mortgage-Backed Trust Series 2007-2)

Annual Statements of Compliance. The Master Servicer, Trustee and the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, Trustee and the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 1 of each year (or with respect to the Trustee, March 15 of each year), commencing in March 20082007, an Officer’s 's Certificate (an "Item 1123 Certificate") stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or applicable portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or applicable portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer Subservicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Administrator Trustee pursuant to this Section. In the event the Master Servicer, the Trust Administrator Trustee or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an a Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 11.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicerthe Custodian, to the extent set forth in the related Designated Servicing Custodial Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Custodial Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust Series 2006-Amn1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this SectionProvided however, that Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate will only be obligatied to provide disclosure pursuant to the first paragraph of this Section 14.06 only to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-3)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Administrator Servicer or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-A2)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s 's Certificate (an "Item 1123 Certificate") stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse Adjustable Rate Mortgage Trust 2006-1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 1 of each year, commencing in March 20082007, an Officer’s 's Certificate (an "Item 1123 Certificate") stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement, provided, however, that Wells Fargo, in its capacity as a Servicer, shall only be obligated to provide the Ixxx 0123 Officer's Certificate to the Master Servicer and the Master Servicer shall forward such 1123 Officer's Certificate to the Depositor, the Trustee and the Trust Administrator or, if there is no Master Servicer, to the Depositor and the Depositor shall forward such 1123 Officer's Certificate to the Trustee and the Trust Administrator. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Administrator pursuant to this SectionSection 13.06. In the event the Master Servicer, the Trust Administrator or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicera Servicing Function Participant, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate partiesSection 13.06.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2006-3)

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Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Indenture Trustee shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Indenture Trustee shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Administrator Indenture Trustee on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Administrator Indenture Trustee pursuant to this Sectionsection. In the event the Master Servicer, Servicer or the Trust Administrator or any Additional Servicer engaged by any such party Indenture Trustee is terminated or resign resigns pursuant to the terms of this Agreement, Agreement or any Servicing Function Participant engaged by such parties is terminated or resigns pursuant to the terms of any other applicable agreement in the case of an Additional Servicer, as the case may beagreement, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such other applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bond Securitization LLC)

Annual Statements of Compliance. (a) The Master Servicer, the Trust Administrator, Servicer and the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, Servicer and the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer and the Servicer shall include all Item 1123 Certificates Certifications received by it them from each Servicer Servicing Function Participant with its their own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate partiessection.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Loan Trust 2007-Fre1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 14.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any the Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Certificate Insurer, the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSAB Mortgage-Backed Trust 2006-4)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer engaged by it to deliver or otherwise make availabledeliver) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of 15]of each year, commencing in March 2008[ ], an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicerthe Servicers, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate annual statement of compliance within the time frame set forth in, and in such form and substance as may be required pursuant to to, the related Designated Servicing Agreement. Agreement The Master Servicer shall include such Item 1123 Certificate annual statements of compliance with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee Securities Administrator pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J P Morgan Acceptance Corp I)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 14.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Certificate Insurer, the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-2)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Certificate Insurer, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 1 of each year, commencing in March 20082007, an Officer’s 's Certificate (an "Item 1123 Certificate") stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or applicable portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or applicable portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Each Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer Subservicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Administrator Trustee pursuant to this Section. In the event the Master Servicer, the Trust Administrator Servicers or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an a Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant 140 to this Section 13.06 11.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer Trustee shall enforce any obligation of any Designated Servicerthe Custodian, to the extent set forth in the related Designated Servicing Custodial Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Custodial Agreement. The Master Each Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2006-Alt1)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 2008[ ], an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bond Securitization LLC)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008of the calendar year following the calendar year in which the Closing Date of the related Series occurs, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement, provided, however, that Xxxxx Fargo, in its capacity as a Servicer, shall only be obligated to provide the Item 1123 Officer’s Certificate to the Master Servicer and the Master Servicer shall forward such 1123 Officer’s Certificate to the Depositor, the Trustee and the Trust Administrator or, if there is no Master Servicer, to the Depositor and the Depositor shall forward such 1123 Officer’s Certificate to the Trustee and the Trust Administrator. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Administrator pursuant to this SectionSection 13.06. In the event the Master Servicer, the Trust Administrator or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicera Servicing Function Participant, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate partiesSection 13.06.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make availabledeliver) to the Depositor, the Trustee and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all all Item 1123 Certificates Certifications received by it from each Servicer the Servicers with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Section. In the event the Master Servicer, the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party parties is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S2)

Annual Statements of Compliance. The Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall deliver or otherwise make available (and the Master Servicer, Servicer and the Trust Administrator, the Modification Oversight Agent and each Servicer Securities Administrator shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, Servicer or the Trust Securities Administrator or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, Agreement or any Servicing Function Participant engaged by such parties is terminated or resigns pursuant to the terms of any other applicable agreement in the case of an Additional Servicer, as the case may beagreement, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such other applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2007-S1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 1 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 14.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Csab Mortgage-Backed Trust 2006-1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Certificate Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Certificate Administrator and each Servicer shall cause any Additional Servicer Servicing 126 Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Certificate Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s 's Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Certificate Administrator pursuant to this Section. In the event the Master Servicer, the Trust Certificate Administrator or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicera Servicing Function Participant, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 12.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicerthe Custodian, to the extent set forth in the related Designated Servicing Custodial Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Custodial Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Certificate Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2006-A)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 14.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any the Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2006-6)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer (including the Back-up Servicer or the Special Servicer if it has succeeded to the obligation of a Servicer to service any of the Mortgage Loans) shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-5)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Administrator and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s 's Certificate (an "Item 1123 Certificate") stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement, provided, however, Wells Fargo, in its capacity as a Servicer, will only be obligated to provide the Item 1123 Officer's Certificate xx xxe Master Servicer and the Master Servicer will forward such 1123 Officer's Certificate to the Depositor, the Trustee and the Trust Administrator or, if there is no Master Servicer, to the Depositor and the Depositor will forward such 1123 Officer's Certificate to the Trustee and the Trust Administrator. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicera Servicing Function Participant, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2006-2)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Servicer and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Servicer and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Master Servicer and the Trust Certificate Administrator on or before March 1 of each year (or with respect to the Master Servicer, March 15 of each year), commencing in March 2008, an Officer’s 's Certificate (an "Item 1123 Certificate") stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or applicable portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or applicable portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Certificate Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator Servicer or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an a Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 12.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2007-A)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee Depositor and the Trust Securities Administrator on or before March 15 of each year, commencing in March 20082007, an Officer’s Certificate (an “Item 1123 CertificateCertification”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 CertificateCertification, the Depositor shall review such Item 1123 Certificate Certification and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicera Servicing Function Participant, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates Certifications received by it from each Servicer Servicing Function Participant with its own Item 1123 Certificate Certification to be submitted to the Trust Securities Administrator pursuant to this Sectionsection. In the event the Master Servicer, the Trust Administrator Servicer or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicersub-servicing agreement, as the case may be, such party shall provide an Item 1123 Certificate Certification pursuant to this Section 13.06 11.05 with respect to the period of time it was subject to this Agreement or to such any applicable sub-servicing agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-A1)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Agent, each Custodian (to the extent required by the respective Custodial Agreement) and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer Servicing Function Participant engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008of the calendar year following the calendar year in which the Closing Date of the related Series occurs, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicera Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement, provided, however, that Xxxxx Fargo, in its capacity as a Servicer, shall only be obligated to provide the Item 1123 Officer’s Certificate to the Master Servicer and the Master Servicer shall forward such 1123 Officer’s Certificate to the Depositor, the Trustee and the Trust Administrator or, if there is no Master Servicer, to the Depositor and the Depositor shall forward such 1123 Officer’s Certificate to the Trustee and the Trust Administrator. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Administrator pursuant to this SectionSection 13.06. In the event the Master Servicer, the Trust Administrator or any Additional Servicer Servicing Function Participant engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicera Servicing Function Participant, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate partiesSection 13.06.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent Servicer and each Servicer shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent Servicer and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator Master Servicer on or before March 1 of each year (or with respect to the Master Servicer, March 15 of each year), commencing in March 2008, an Officer’s 's Certificate (an "Item 1123 Certificate") stating, as to the signer thereof, that (A) a review of such party’s 's activities during the preceding calendar year or applicable portion thereof and of such party’s 's performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s 's supervision and (B) to the best of such officer’s 's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or applicable portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s 's obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates annual statements of compliance received by it from each Servicer with its Item 1123 Certificate own annual statement of compliance to be submitted to the Trust Certificate Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator Servicer or any Additional Servicer engaged by any such party is terminated or resign resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of an a Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 12.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2007-A)

Annual Statements of Compliance. The Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer (including the Back-up Servicer and Special Servicer, as applicable) shall deliver or otherwise make available (and the Master Servicer, the Trust Administrator, the Modification Oversight Agent and each Servicer shall cause any Additional Servicer engaged by it to deliver or otherwise make available) to the Depositor, the Trustee and the Trust Administrator on or before March 15 of each year, commencing in March 2008, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement, or such other applicable agreement in the case of an Additional Servicer, has been made under such officer’s supervision and (B) to the best of such officer’s knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder or, in the case of an Additional Servicer, under such other applicable agreement. The Master Servicer shall include all Item 1123 Certificates received by it from each Servicer with its Item 1123 Certificate to be submitted to the Trust Administrator pursuant to this Section. In the event the Master Servicer, the Trust Administrator or any Additional Servicer engaged by any such party is terminated or resign pursuant to the terms of this Agreement, or any applicable agreement in the case of an Additional Servicer, as the case may be, such party shall provide an Item 1123 Certificate pursuant to this Section 13.06 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. The Master Servicer shall enforce any obligation of any Designated Servicer, to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer an Item 1123 Certificate as may be required pursuant to the related Designated Servicing Agreement. The Master Servicer shall include such Item 1123 Certificate with its own Item 1123 Certificate to be submitted to the Trust Administrator, the Depositor and the Trustee pursuant to this Section. Notwithstanding anything to the contrary in this Section, Xxxxx Fargo in its capacity as a Servicer shall deliver its Item 1123 Certificate to the Master Servicer (only so long as Xxxxx Fargo is the Master Servicer) who in turn will forward such items to the appropriate parties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-5)

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