alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-31 Rule 13a-14(d)/15d-14(d) Certifications.

 

I, Nicholas Galeone, certify that:

 

1. I have reviewed this report on Form 10-K and all reportson Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of the UBS-Barclays Commercial MortgageTrust 2012-C4 (the “Exchange Act periodic reports”);

 

2. Based on my knowledge, the Exchange Act periodic reports,taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on my knowledge, all of the distribution, servicingand other information required to be provided under Form 10-D for the period covered by this report is included in the ExchangeAct periodic reports;

 

4. Based on my knowledge and the servicer compliance statementsrequired in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicershave fulfilled their obligations under the servicing agreements in all material respects; and

 

5. All of the reports on assessment of compliance with servicingcriteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteriafor asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange ActRules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any materialinstances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably reliedon information provided to me by the following unaffiliated parties:

 

Wells Fargo Bank, National Association, as Master Servicer, RialtoCapital Advisors, LLC, as Special Servicer, U.S. Bank National Association, as Trustee, U.S. Bank National Association, as CertificateAdministrator, U.S. Bank National Association, as Custodian, Trimont Real Estate Advisors, LLC (f/k/a TriMont Real Estate Advisors, Inc.),as Operating Advisor, CoreLogic Solutions, LLC, as Servicing Function Participant, Midland Loan Services, a Division of PNC Bank, NationalAssociation, as Primary Servicer for the 1000 Harbor Boulevard Mortgage Loan, Rialto Capital Advisors, LLC, as Special Servicer for the1000 Harbor Boulevard Mortgage Loan, Deutsche Bank Trust Company Americas, as Trustee for the 1000 Harbor Boulevard Mortgage Loan,Deutsche Bank Trust Company Americas, as Custodian for the 1000 Harbor Boulevard Mortgage Loan, and Park Bridge Lender Services LLC, asOperating Advisor for the 1000 Harbor Boulevard Mortgage Loan.

 

Dated: March 21, 2022

 

/s/ Nicholas Galeone

 

President

(senior officer in charge of securitizationof the depositor)
##### 



Exhibit 31.2
 CERTIFICATION PURSUANT TO RULE 13a-14(a)/15d-14(a)
AS ADOPTED PURSUANT TO SECTION 302 OF
THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of H&E Equipment Services, Inc.;2.
    
    Based on my knowledge, this quarterly report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements made, in light
of the circumstances under which such statements were made, not misleading with respect to the
period covered by this quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
quarterly report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15e and
15d-15e) for the registrant and have:
 (a)
    
    designed such disclosure controls and procedures, or caused such internal control and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;(b)
    
    [reserved];(c)
    
    evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures as of the end of the period covered by this report based on such evaluation;
and(d)
    
    disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation, to the registrants auditors and the audit committee of the registrants Board of
Directors (or persons performing the equivalent function):
 (a)
    
    all significant deficiencies in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the registrants
ability to record, process, summarize and report financial information; and(b)
    
    any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
 Dated: November 8, 2007
    By:
    /s/ Leslie S. MageeLeslie S. MageeChief Financial Officer and Secretary
(Principal Financial Officer)
EX-34.4
(logo) Grant Thornton


Report of Independent Registered Public Accounting Firm


Grant Thornton LLP
1717 Main Street, Suite 1500
Dallas, TX 75201-4667

T 214.561.2300
F 214.561.2370
GrantThornton.com
linkd.in/GrantThorntonUS
twitter.com/GrantThorntonUS

Board of Directors and Shareholders
Situs Holdings, LLC

We have examined management's assertion, included in the accompanying Report of
Management on Compliance ("Management's Assertion"), that Situs Holdings LLC
(the "Company") complied with certain servicing criteria set forth in paragraph
(d) of Item 1122 of the U.S. Securities and Exchange Commission's Regulation
AB included in Appendix A as of December 31, 2012 and for the period June 1,
2012 through December 31, 2012, with respect to the Company's Operating or
Trust Advisor Services performed over the deals listed in Appendix B (the
"Platform"). Management is responsible for the Company's compliance with
the applicable servicing criteria. Our responsibility is to express an opinion
on management's assertion about the Company's compliance with the applicable
servicing criteria for the Platform based on our examination.

Our examination was conducted in accordance with attestation standards the
standards of the Public Company Accounting Oversight Board (United States) and,
accordingly, included examining, on a test basis, evidence about the Company's
compliance with the applicable servicing criteria for the Services and
performing such other procedures as we considered necessary in the
circumstances. Our examination was not designed to detect material
noncompliance that may have occurred prior to the period covered by this report
and that may have affected the Company's activities with respect to the
Platform during the period covered by this report. We believe that our
examination provides a reasonable basis for our opinion. Our examination does
not provide a legal determination on the Company's compliance with the
applicable servicing criteria.

In our opinion, management's assertion that Situs Holdings LLC complied with
the aforementioned minimum servicing standards as of December 31, 2012 and for
the period June 1, 2012 through December 31, 2012, for the Services is fairly
stated, in all material respects.


/s/ Grant Thornton LLP

Dallas, Texas
March 22, 2013

Grant Thornton LLP
U.S. member firm of Grant Thornton International Ltd
#### GARZA et al. v. TREVINO et al.

No. 12511.

Court of Civil Appeals of Texas. San Antonio.

Feb. 12, 1936.

P. G. Greenwood, of Harlingen, for appellants.

Brown & Bader, of Edinburg, for appel-lees.

BOBBITT, Justice.

Appellants, Abundio Garza et al., defendants in the trial court, perfected their appeal from a purported judgment of the Ninety-Third district court of Hidalgo county, entered in cause No. B-10360, styled Luis Garza Trevino et al. v. Abundio Garza et al., on October 3, 1935, through the filing of their bond, which was duly approved October 23, 1935. Appellants, however, have failed to prosecute such appeal. They declined to file the transcript or further proceed with the appeal on the ground, as they now contend, that such judgment of the district court is not a final judgment; that it is a nullity; and that this court, therefore, has no jurisdiction to hear the cause.

Appellees, then, on January 23, 1936, filed in this court the appropriate certificate of the proceedings in the court below, together with their motion to affirm such judgment on certificate.

'The transcript before us shows that the trial court simply ordered a case, which had theretofore been dismissed for want of prosecution, reinstated on the docket for trial at some later date. It is clear that several terms of the court had intervened after the case was dismissed and before the proceedings herein complained of were instituted.

It is apparent, on the face of the certificate filed herein by appellees, that the purported judgment of the trial court is not. a final judgment, and that, as here presented, it is without effect, and this court, therefore, has no authority to enter any order other than to dismiss the application for affirmance on certificate.

The court below, it is shown by the certificate, heard the parties in this cause and on October 3, 1935, entered an order restoring the dismissed case to the docket for trial at a later date, and without at the same time, and in the same proceedings, disposing of the case on its merits. It is well established that such a proceeding as thus attempted, through a so-called bill of review, cannot 'be disposed of by piecemeal. The trial court, in a proper case, has the power and authority in a proceeding in equity to inquire into a case disposed of, as here complained of, but such court is without authority to determine that it should be restored to the docket, and then at a later time tried on its merits. It is well established that the entire proceeding must be disposed of in the one trial on the merits. This rule is well settled by the following decisions of our Supreme Court, and authorities there*421in and here cited: Humphrey et al. v. Harrell (Tex.Com.App.) 29 S.W.(2d) 963; Winters Mutual Aid Ass’n Circle No. 2 v. Reddin (Tex.Com.App.) 49 S.W.(2d) 1095; Tex.Jur. vol. 25, pp. 661, 672.

The motion to affirm on certificate is therefore dismissed.
{00037994.DOC}

**EXHIBIT 35.1**

**SERVICER COMPLIANCE STATEMENT**

Re:  Mercedes-Benz Financial Services USA LLC in its capacity as Servicer (the "Servicer") under the Sale and Servicing Agreement, dated as of September 1, 2012, among Mercedes-Benz Auto Receivables Trust 2012-1, as Issuer, Daimler Retail Receivables LLC, as Depositor, and Mercedes-Benz Financial Services USA LLC, as Seller and Servicer (the "Servicing Agreement"), for the period from September 19, 2012, to December 31, 2012 (the "Reporting Period") 

I, Brian T. Stevens, certify that: 

(a) 

A review of the Servicer's activities during the Reporting Period and of its performance under the Servicing Agreement has been made under my supervision. 

(b) 

To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Servicing Agreement in all material respects throughout the Reporting Period. 

Dated:  March 26, 2013 

/s/ Brian T. Stevens

Name: Brian T. Stevens Title: Vice President and Controller
Exhibit 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Quarterly Report on Form 10-Q of the Company for the quarter ended March 31,
2008 (the Report) fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m); and2.
    
    The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 By:
    /s/ Robert M. WorsleyName:
    Robert M. WorsleyTitle:
    Chief Executive OfficerDate:
    May 15, 2008
Exhibit 10.11
 FIRST MODIFICATION TO CREDIT AGREEMENT
 WITH MODIFICATIONS TO THE
CASH COLLATERAL ACCOUNT AGREEMENT
 Agreement COMERICA BANK Lender RENEGY HOLDINGS, INC Borrower Robert Merrill Worsley RMW , Christi Marie Worsley CMW , The Robert Merrill Worsley and Christi Marie Worsley Family Revocable Trust, dated July
28, 1998 Trust , NZ Legacy, LLC, NZ Legacy New
Mexico & Arizona Land Company, LLC, NMAL Guarantor Credit Parties"
 PRELIMINARY STATEMENTS
 NRLC Credit Agreement Schedule A Loan Documents
 Credit Parties




---



##### 



AGREEMENT
   A.
    
    Section 1.1, the definition of Base Rate is modified by deleting 1%
and replacing it with 300 basis points and as modified shall in its entirety read
as follows:
 Base Rate
 B.
    
    Section 1.1, the definition of Guaranty is deleted and replaced in
its entirety with the following:
 Guaranty
 C.
    
    Section 1.1, the definition of LIBOR is deleted and replaced in its
entirety with the following:
 LIBOR
   2




---



##### 



D.
    
    Section 1.1, the definition of LIBOR Based Rate is deleted and
replaced in its entirety with the following; and all references in the Credit
Agreement to LIBOR Based Rate are deleted and replaced with Daily Adjusting
LIBOR Rate
 Daily Adjusting LIBOR Rate
 E.
    
    Section 1.1, the definition of LIBOR Based Rate Advance and Base
Rate Advance are deleted and all references in the Credit Agreement to Base Rate
Advance and LIBOR Based Rate Advance shall be replaced with Advance.
 F.
    
    Section 1.1, the definition of LIBOR Interest Period as well as all
references to such term in the Credit Agreement are deleted.
 G.
    
    Section 1.1 is modified by adding a definition of LIBOR Lending
Office as follows:
 LIBOR Lending Office
 H.
    
    Section 2.3(a) is deleted and replaced in its entirety with the
following:
   3




---



##### 



I.
    
    Section 2.4 is deleted and replaced in its entirety with the
following:
 INTENTIONALLY DELETED
 J.
    
    Section 9.22 Mandatory Payments is modified by adding a
subsection (c) as follows:
   4




---



##### 



K.
    
    Section 9.23 is modified by inserting the following at the end of the
Section:
 Section 9.23 Section 9.23
  A.
    
    Section 4 is modified by adding a subsection (e) as follows:
  Conditions Precedent
        5




---



##### 



Representations and Warranties of Borrower and Guarantors
 Releases Releasees
 Indemnity Losses Section 4
  6




---



##### 



Amendments
 Relationship Between the Parties
 Notices
 No Assignment
 TIME OF THE ESSENCE
 Miscellaneous
  7




---



##### 



Ratification
   8




---



##### 



BORROWER:
RENEGY HOLDINGS, INC., a Delaware corporationBy:
    /s/ Robert M. WorsleyName:
    Robert M. WorsleyTitle:
    Chief Executive OfficerLENDER:
COMERICA BANK, a Texas banking corporationBy:
    /s/ Matthew E. JamesName:
    Matthew E. JamesTitle:
    Assistant Vice President  9
#### Sadie M. Livingston *vs.*Friend Bros. Inc.

January 31, 1939.

Order of Appellate Division affirmed. The Appellate Division was right in ruling that prejudicial error was committed by the trial judge in refusing to rule as requested by the defendant that there “is no evidence of negligence on the part of the defendant’s agents or servants.” There was evidence that the plaintiff, a customer in the defendant’s store, on a rainy day slipped on some mud or grease on the floor, which was wet. The fact that the floor was wet did not warrant a finding of negligence. *Bornstein*v. *R. H. White Co.*259 Mass. 34. *Tariff*v. *S. S. Kresge Co.*299 Mass. 129. And a finding was not warranted that the defendant before the accident knew of the presence of the mud or grease on the floor, or that such mud or grease had been there for such a length of time that the defendant, in the exercise of reasonable care for the safety of its customers, should have known of its presence and removed it. *Zugbie*v. *J. R. Whipple Co.*230 Mass. 19. See also *Norton*v. *Hudner,*213 Mass. 257; *O’Brien*v. *Boston Elevated Railway,*250 Mass. 192; *Mascary*v. *Boston Elevated Railway,*258 Mass. 524; *Newell*v. *Wm. Filene’s Sons Co.*296 Mass. 489; *Manning*v. *Smith,*299 Mass. 318. The evidence in this respect falls short of that in *Anjou*v. *Boston Elevated Railway,*208 Mass. 273, *Blake*v. *Great Atlantic & Pacific Tea Co.*266 Mass. 12, *Hudson*v. *F. W. Woolworth Co.*275 Mass. 469, *Manell*v. *Checker Taxi Co.*284 Mass. 151, *Trottier*v. *Neisner*
      *603
      *Brothers, Inc.*284 Mass. 336, and *Paull*v. *Radlo,*293 Mass. 521. Judgment for the defendant was ordered rightly. G. L. (Ter. Ed.) c. 231, §§ 110, 124. *Andrade*v. *Hanley,*289 Mass. 335, 337.

*E. Martin,*for the defendant, submitted a brief.

*J. L. Shea,*for the plaintiff.
Exhibit
32.2




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of Protech Global Holdings
Corp. (the "Company") on Form 10-Q for the period ending September 30, 2009 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Ajay Gupta, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:





(1) The
Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company,




Date:
      November 23, 2009
            
            /s/ Ajay GuiptaAjay
      Gupta
              Chief
      Financial Officer
#### Emmco Insurance Company, Respondent, *v.*Firemen’s Insurance Company of Newark, New Jersey, Appellant.

Supreme Court, Appellate Term, First Department,

March 6, 1958.

*876
      *David I. Rosenblum*for appellant.

*Herman B. Zipser*for respondent.

*Per Cur am.*

The affidavits in support of the motion are inadequate in that the material facts are alleged on information and belief and no sources of information are set out.

The judgment and order should be reversed, with $10 costs, and motion for summary judgment denied.

Hofstadter, J. P., Steuer and Aurelio, JJ., concur.

Judgment and order reversed, etc.
EXHIBIT 32.1

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report of Pop Starz Records, Inc. (the
"Company") on Form 10-Q for the period ended September 30, 2008, as filed with
the Securities and Exchange Commission (the "Report"), I, Michelle Tucker, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. SS. 1350, as
adopted pursuant to SS. 906 of the Sarbanes-Oxley Act of 2002, that:

         1. The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         2. The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.


                                        /s/ Michelle Tucker
                                        -------------------
                                        Michelle Tucker, CEO
                                        and principal executive officer

November 11, 2008

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the company and will be retained by the company and
furnished to the Securities and Exchange Commission or its staff upon request.
PNA GROUP, INC.



Exhibit 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED

PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of PNA Group, Inc. (the Company) on Form 10-Q
for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, the undersigned, each certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



|1. | The Report of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | ------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                         |  |  |  |                 |  |                            |  |                                      
|------------------------ |  |  |  | --------------- |  | -------------------------- |  | -------------------------------------
|                         |  |  |  | PNA Group, Inc.
|                         |  |  | 
|Dated: November 13, 2007 |  |  |  | By:             |  | /s/ Maurice S. Nelson, Jr.
|                         |  |  |  |                 |  |                            |  | Maurice S. Nelson, Jr.               
|                         |  |  |  |                 |  |                            |  | Chief Executive Officer and President
|                         |  |  | 
|Dated: November 13, 2007 |  |  |  | By:             |  | /s/ Christopher J. Moreton
|                         |  |  |  |                 |  |                            |  | Christopher J. Moreton               
|                         |  |  |  |                 |  |                            |  | Chief Financial Officer