Common use of Mutilated, Destroyed, Lost or Stolen Residual Certificates Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx or the Certificate Registrar, or (ii) Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 71 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

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Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 64 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate ClassCertificate. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 11 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx the Trustee or the Certificate Registrar, or (ii) Xxxxxx Mae the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx the Trustee such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae the Trustee that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute the Issuer and the Trustee will execute, and the Certificate Registrar shall will authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.036.03, Xxxxxx Mae the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall 6.03 will constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the related Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be is found at any time.

Appears in 4 contracts

Samples: Remic Master Trust Agreement, Remic Master Trust Agreement, Remic Master Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx or the Certificate Registrar, or (ii) Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate ClassCertificate. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC, the Middle Tier REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx the Trustee or the Certificate Registrar, Registrar or (ii) Xxxxxx Mae the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx the Trustee such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae the Trustee that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx the Trustee shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.033.05, Xxxxxx Mae the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 3.05 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the Trust Fund, as the case may be, Fund as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Farmer Mac Mortgage Securities Corp), Trust Agreement (Farmer Mac Mortgage Securities Corp)

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx or the Certificate Registrar, or (ii) Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC I, Lower Tier REMIC II or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx or the Certificate Registrar, or (ii) Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC, REMIC Trust 1 or the REMIC Trust Fund2, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx or the Certificate Registrar, or (ii) Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier Base REMIC or the Trust FundUpper Tier REMIC, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx or the Certificate Registrar, or (ii) Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC Trust Fund, Middle Tier Trust Fund or the Upper Tier Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC Trust Fund, the Middle Tier Trust Fund or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

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Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the related Lower Tier REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.036.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 6.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the related Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate ClassCertificate. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Upper Tier REMIC I, REMIC II or Lower Tier REMIC or the Trust FundII, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier related Trust REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx or the Certificate Registrar, or (ii) Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier related REMIC or the Trust Fund, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx or the Certificate Registrar, or (ii) Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Lower Tier REMIC or the Trust FundUpper Tier Trust, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificates. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Xxx Mae or the Certificate Registrar, or (ii) Xxxxxx Mae Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Xxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Mae Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Xxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate of the appropriate Class. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Mae Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Upper Tier REMIC I, REMIC II or Lower Tier REMIC or the Trust FundI, as the case may be, as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

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