Acceptance of the Trust. Fund by Trustee; Receipt of the Mortgage Files by the Custodian.
(a) The Trustee, by its execution and delivery of this Agreement, acknowledges receipt of the Depositor's assignment to it of the Depositor's right, title and interest in the assets that constitute the Trust Fund, and further acknowledges receipt by the Custodian, subject to the provisos in the definition of "Mortgage File" and the provisions of Section 2.01 and subject to the further limitations on review provided for in Section 2.02(b) and the exceptions noted on the schedule of exceptions of (i) the Mortgage File delivered to it for each Trust Mortgage Loan and (ii) a copy of a fully executed counterpart of each Mortgage Loan Purchase Agreement, all in good faith and without notice of any adverse claim, and declares that the Custodian holds and will hold such documents and the other documents received by it that constitute portions of the Mortgage Files, and that it holds and will hold the Trust Mortgage Loans and other assets included in the Trust Fund, in trust for the exclusive use and benefit of all present and future Certificateholders. To the extent that the Mortgage File for a Trust Mortgage Loan that is part of a Loan Combination relates to the corresponding Non-Trust Loan, the Custodian shall also hold such Mortgage File in trust for the use and benefit of the related Non-Trust Noteholder(s). The Custodian hereby certifies to each of the Depositor, the Trustee, the Master Servicers, the Special Servicer and each Mortgage Loan Seller that, without regard to the proviso in the definition of "Mortgage File", each of the Specially Designated Mortgage Loan Documents are in its possession. In addition, within 90 days after the Closing Date, the Custodian will review the Mortgage Files and certify (in a certificate substantially in the form of Exhibit C) to each of the Depositor, the Trustee, the Master Servicers, the Special Servicer, each Mortgage Loan Seller (with copies to the Controlling Class Representative), that, with respect to each Trust Mortgage Loan listed in the Mortgage Loan Schedule, except as specifically identified in the schedule of exceptions annexed thereto, (i) without regard to the proviso in the definition of "Mortgage File," all documents specified in clauses (i), (ii), (iv)(A), (v) and (vii), and to the extent provided in the related Mortgage File and actually known by a Responsible Officer of the Custodian to be required or to the extent listed on the Mortgage L...
Acceptance of the Trust. The Trustee declares that it accepts the trust created hereunder and agrees to perform its duties under this Agreement and the Act but only upon the terms of this Agreement.
Acceptance of the Trust. The Trustee agrees to hold and ----------------------- administer the assets of the Plan that are delivered to it pursuant to the instructions of the Employer, together with additional contributions that are delivered to the Trustee under the terms of the Plan.
Acceptance of the Trust. The Trustee hereby accepts the Trust created and provided for by and in this Agreement and agrees to perform the same upon the terms and conditions herein set forth and to hold all rights, privileges and benefits conferred hereby and by law in trust for the various persons who shall from time to time be Beneficiaries, subject to all the terms and conditions herein set forth.
Acceptance of the Trust. The Trustees hereby accept the Trust and agree to hold, administer, and disburse all of the principal and earnings of the funds to be accumulated in the Fund in accordance with all the terms and provisions of the Trust Agreement including the Regulations. The signature of any Trustee to any counterpart or copy of the Trust Agreement shall be sufficient evidence of his acceptance and agreement as aforesaid.
Acceptance of the Trust. The Trustee hereby declares and confirms that it shall hold and stand possessed of the Trust Assets UPON trust and subject to the powers, provisions, agreements and declarations herein contained.
Acceptance of the Trust. Wilmington Trust Company declares that it accepts the Trust hereby continued and agrees to perform its duties under this Agreement and the Act but only upon the terms of this Agreement as contemplated by the Transaction Documents.
Acceptance of the Trust. The First and Second Trustees hereby accept the donation by the Settlor and undertake and each other Trustee assumed or appointed as such shall upon acceptance of office be deemed to undertake to carry out the terms and conditions and stipulations contained in this Trust deed.
Acceptance of the Trust. The Trustee accepts the trusts created by the Indenture, as supplemented by this Third Supplemental Indenture, and agrees to perform the same upon the terms and conditions in the Indenture, as supplemented by this Third Supplemental Indenture.
Acceptance of the Trust. Wilmington Trust Company declares that it accepts the Trust hereby created and agrees to perform its duties under this Agreement and the Act but only upon the terms of this Agreement and as contemplated by the other Atlantic Water Transaction Document.
