Common use of Assets of Sub-Trust Clause in Contracts

Assets of Sub-Trust. All consideration received by the Owner Trust Estate for the issuance or sale of the Notes relating to a particular Loan Group and Sub-Trust, together with the entire Owner Trust Estate in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong solely to that Sub-Trust for all purposes, subject only to the rights of creditors of such Sub-Trust and except as may otherwise be provided in the Sale and Servicing Agreement or required by applicable tax laws, and shall be so recorded upon the books of account of the Trust. Separate and distinct records shall be maintained for each Sub-Trust and the assets associated with a Sub-Trust shall be held and accounted for separately from the other assets of the Owner Trust Estate, and any other Sub-Trust. In the event that there is any Owner Trust Estate, or any income, earnings, profits, and proceeds thereof, or funds or payments which are not readily identifiable as belonging to any particular Sub-Trust, the Owner Trustee shall allocate them to the Certificates generally. Each such allocation by the Owner Trustee shall be conclusive and binding upon all Noteholders and Certificateholders for all purposes.

Appears in 8 contracts

Samples: Trust Agreement (Accredited Mortgage Loan Trust 2004-2), Trust Agreement (Accredited Mortgage Loan Trust 2004-3), Trust Agreement (Accredited Mortgage Loan Trust 2003-2)

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Assets of Sub-Trust. All consideration received by the Owner Trust Estate for the issuance or sale of the Notes and Senior Interest Participations relating to a particular Loan Group and Sub-Trust, together with the entire Owner Trust Estate in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong solely to that Sub-Trust for all purposes, subject only to the rights of creditors of such Sub-Trust and except as may otherwise be provided in the Sale and Servicing Agreement or required by applicable tax laws, and shall be so recorded upon the books of account of the Trust. Separate and distinct records shall be maintained for each Sub-Trust and the assets associated with a Sub-Trust shall be held and accounted for separately from the other assets of the Owner Trust Estate, and any other Sub-Trust. In the event that there is any Owner Trust Estate, or any income, earnings, profits, and proceeds thereof, or funds or payments which that are not readily identifiable as belonging to any particular Sub-Trust, the Owner Trustee shall allocate them to the Certificates generallyTransferor Interest. Each such allocation by the Owner Trustee shall be conclusive and binding upon all Noteholders and Certificateholders the Transferor for all purposes.

Appears in 2 contracts

Samples: Trust Agreement (Renaissance Mortgage Acceptance Corp), Trust Agreement (Renaissance Mortgage Acceptance Corp)

Assets of Sub-Trust. All consideration received by the Owner Trust Estate for the issuance or sale of the Notes relating to a particular Loan Group and Sub-Trust, together with the entire Owner Trust Estate in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong solely to that Sub-Sub- Trust for all purposes, subject only to the rights of creditors of such Sub-Trust and except as may otherwise be provided in the Sale and Servicing Agreement or required by applicable tax laws, and shall be so recorded upon the books of account of the Trust. Separate and distinct records shall be maintained for each Sub-Trust and the assets associated with a Sub-Trust shall be held and accounted for separately from the other assets of the Owner Trust Estate, and any other Sub-Trust. In the event that there is any Owner Trust Estate, or any income, earnings, profits, and proceeds thereof, or funds or payments which are not readily identifiable as belonging to any particular Sub-Trust, the Owner Trustee shall allocate them to the Certificates generally. Each such allocation by the Owner Trustee shall be conclusive and binding upon all Noteholders and Certificateholders for all purposes.

Appears in 2 contracts

Samples: Trust Agreement (Accredited Mortgage Loan Trust 2003-3), Trust Agreement (Accredited Mort Loan Trust Asset Back Notes Series 2003-1)

Assets of Sub-Trust. All consideration received by the Owner Trust Estate for the issuance or sale of the Notes and Senior Interest Participations relating to a particular Loan Group and Sub-Trust, together with the entire Owner Trust Estate in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong solely to that Sub-Trust for all purposes, subject only to the rights of creditors of such Sub-Trust and except as may otherwise be provided in the Sale and Servicing Agreement or required by applicable tax laws, and shall be so recorded upon the books of account of the Trust. Separate and distinct records shall be maintained for each Sub-Trust and the assets associated with a Sub-Trust shall be held and accounted for separately from the other assets of the Owner Trust Estate, and any other Sub-Trust. In the event that there is any Owner Trust Estate, or any income, earnings, profits, and proceeds thereof, or funds or payments which are not readily identifiable as belonging to any particular Sub-Trust, the Owner Trustee shall allocate them to the Certificates generallyTransferor Interest. Each such allocation by the Owner Trustee shall be conclusive and binding upon all Noteholders and Certificateholders the Transferor for all purposes.

Appears in 1 contract

Samples: Trust Agreement (Chec Funding LLC)

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Assets of Sub-Trust. All consideration received by the Owner Trust Estate for the issuance or sale of the Notes relating to a particular Loan Group and Sub-Trust, together with the entire Owner Trust Estate in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong solely to that Sub-Trust for all purposes, subject only to the rights of creditors of such Sub-Trust and except as may otherwise be provided in the Sale and Servicing Agreement or required by applicable tax laws, and shall be so recorded upon the books of account of the Trust. Separate and distinct records shall be maintained for each Sub-Trust and the assets associated with a Sub-Trust shall be held and accounted for separately from the other assets of the Owner Trust Estate, and any other Sub-Trust. In the event that there is any Owner Trust Estate, or any income, earnings, profits, and proceeds thereof, or funds or payments which are not readily identifiable as belonging to any particular Sub-Trust, the Owner Trustee shall allocate them to the Certificates generallyTransferor Interest. Each such allocation by the Owner Trustee shall be conclusive and binding upon all Noteholders and Certificateholders the Transferor for all purposes.

Appears in 1 contract

Samples: Trust Agreement (Chec Funding LLC)

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