Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms set forth in this Agreement. The Owner Trustee shall not be answerable or accountable hereunder under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (x) for its own willful misconduct or gross negligence, or (y) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Trust Company. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 36 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2022-3), Trust Agreement (GM Financial Automobile Leasing Trust 2022-2), Trust Agreement (GM Financial Automobile Leasing Trust 2022-2)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms set forth in this Agreementof the Basic Documents to which the Issuer or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct misconduct, bad faith or gross negligence, negligence or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly 7.03 made by the Trust CompanyOwner Trustee. In particular, but not by way of limitation (limitation, and subject to the exceptions set forth in the preceding sentence)::
Appears in 30 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2018-1), Trust Agreement (BMW Vehicle Lease Trust 2018-1), Trust Agreement (Financial Services Vehicle Trust)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms set forth in this Agreement. The Owner Trustee shall not be answerable or accountable hereunder under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (x) for its own willful misconduct or gross negligence, or (y) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Trust Company. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 14 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms set forth in this Agreement. The Owner Trustee shall not be answerable or accountable hereunder under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (x) for its own willful misconduct or gross negligence, or (y) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Trust Company. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 10 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-1), Trust Agreement (GM Financial Automobile Leasing Trust 2024-1), Trust Agreement (GM Financial Automobile Leasing Trust 2023-3)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, trusts but only upon the terms of this Owner Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agrees agree to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of the Basic Documents and this Owner Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct misconduct, gross negligence or gross negligence, bad faith or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 6.03 expressly made by the Trust CompanyOwner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 8 contracts
Samples: Owner Trust Agreement (Cendant Mortgage Capital LLC), Trust Agreement (Nomura Asset Acceptance Corp), Owner Trust Agreement (Nomura Home Equity Loan, Inc.)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this AgreementAgreement and subject to the other Basic Documents. The Owner Trustee also agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of the other Basic Documents and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful breach or misconduct or gross negligence, negligence or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 8.03 expressly made by the Trust CompanyOwner Trustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 6 contracts
Samples: Trust Agreement (Accredited Mortgage Loan Trust 2005-3), Trust Agreement (Accredited Mortgage Loan REIT Trust), Trust Agreement (Accredited Mortgage Loan Trust 2005-4)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate Property upon the terms set forth in of the Basic Documents and this Agreement. The Owner Trustee Trustee, in its individual capacity, shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct or gross negligence, negligence (except as provided in Section 7.01(g)) or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 7.03 expressly made by the Trust CompanyOwner Trustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 4 contracts
Samples: Trust Agreement (GS Auto Loan Trust 2005-1), Trust Agreement (GS Auto Loan Trust 2007-1), Trust Agreement (GS Auto Loan Trust 2006-1)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, trusts but only upon the terms of this AgreementAgreement and subject to the terms and conditions of the Transaction Documents. The Owner Trustee also agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of the Transaction Documents and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Transaction Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct misconduct, bad faith or gross negligence, negligence or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 below expressly made by the Wilmington Trust Company. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 4 contracts
Samples: Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He1), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2007-He1)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of the Basic Documents and this Agreement. The Owner Trustee Trustee, in its individual capacity, shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct or gross negligence, negligence (except as provided in Section 7.01(g)) or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 7.03 expressly made by the Trust CompanyOwner Trustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 3 contracts
Samples: Trust Agreement (Regions Auto Receivables Trust 2003-1), Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Regions Auto Receivables Trust 2002-1)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, trusts but only upon the terms of this AgreementAgreement and subject to the terms and conditions of the Transaction Documents. The Owner Trustee also agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of the Transaction Documents and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Transaction Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct misconduct, bad faith or gross negligence, negligence or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 below expressly made by the Trust Company[_____________]. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Fund America Investors Corp Ii), Trust Agreement (First Horizon Asset Securities Inc)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms set forth in this Agreement. The Owner Trustee shall not be answerable or accountable hereunder under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (x) for its own willful misconduct or gross negligence, or (y) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Trust Company. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):in
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-2), Trust Agreement (GM Financial Automobile Leasing Trust 2024-2)
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, trusts but only upon the terms of this AgreementAgreement subject to the other Basic Documents. The Owner Trustee also agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of the other Basic Documents and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful breach or misconduct or gross negligence, negligence or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 8.03 expressly made by the Trust CompanyOwner Trustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Acceptance of Trusts and Duties. (a) The Owner Trustee ------------------------------- accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, trusts but only upon the terms of this AgreementAgreement and the Basic Documents. The Owner Trustee also agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of the Basic Documents and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct or gross negligence, negligence or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Trust CompanyOwner Trustee. In ----------- particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Samples: Owner Trust Agreement (Southpoint Residential Mortgage Securities Corp)
Acceptance of Trusts and Duties. (a) The Owner Trustee ------------------------------- accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, trusts but only upon the terms of this AgreementAgreement and the Basic Documents. The Owner Trustee also agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of the Basic Documents and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except to the Securitization Trust, the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct or gross negligence, negligence or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 7.03 expressly made by the Trust CompanyOwner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Acceptance of Trusts and Duties. (a) The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this Trust Agreement. The Owner Trustee also agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms set forth in of this AgreementTrust Agreement and the other Transaction Documents. The Owner Trustee shall not be answerable personally answerable, accountable or accountable liable to any Person under any circumstances hereunder or under any other Transaction Document under any circumstances, except to the Securitization Trust, Trust and the Depositor, and to the Trust Certificateholders (xi) for its own willful misconduct misconduct, or gross negligence, negligence or (yii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 7.03 expressly made by the Trust CompanyOwner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract