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23 <br /> CERTIFICATE OF MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED <br /> Merrill Lynch, Pierce, Fenner & Smith Incorporated <br /> ( "MLPF&S") hereby certifies that the undersigned officer of <br /> MLPF&S has reviewed, the facts stated in the opinion of Brown &, <br /> Wood dated [CLOSING DATE] addressed to [RATING AGENCIES, UNLESS <br /> UNRATED, THEN TO [A] MERRILL LYNCH & CO.] in respect of the Debt <br /> Units of the Medium-Term Structured Enhanced Return Trust 1994 <br /> Series B- [XX] and hereby certifies that the facts assumed <br /> therein, as they relate to MLPF&S, are correct in all material <br /> respects . <br /> MERRILL LYNCH, PIERCE, FENNER & SMITH <br /> INCORPORATED <br /> By: <br /> Name : Frank D. Ronan <br /> Title: Managing Director <br /> Dated: [CLOSING DATE] <br /> • <br />