Certain Representations Regarding the Trust Estate. (a) With respect to that portion of the Collateral described in clauses (a) through (h) of the definition of Trust Estate, the Issuer represents to the Indenture Trustee that: (i) This Indenture creates a valid and continuing security interest (as defined in the applicable UCC) in the Collateral in favor of the Indenture Trustee, which security interest is prior to all other liens, and is enforceable as such as against creditors of and purchasers from the Issuer. (ii) In each case, within the meaning of the applicable UCC: (A) the Collateral described in clauses (a) through (d) constitutes "deposit accounts" or "instruments," as applicable; (B) the Collateral described in clause (e) constitutes "real property;"
Appears in 3 contracts
Samples: Indenture (Structured Asset Mortgage Investments II Inc., HomeBanc Mortgage Trust 2004-2), Indenture (Structured Asset Mortgage Investments II Inc., HomeBanc Mortgage Trust 2004-2), Indenture (Homebanc Mortgage Trust 2004-1)
Certain Representations Regarding the Trust Estate. (a) With respect to that portion of the Collateral described in clauses (a) through (h) of the definition of Trust Estate, the Issuer represents to the Indenture Trustee that:
(i) This Indenture creates a valid and continuing security interest (as defined in the applicable UCC) in the Collateral in favor of the Indenture Trustee, which security interest is prior to all other liens, and is enforceable as such as against creditors of and purchasers from the Issuer.
(ii) In each case, within the meaning of the applicable UCC: (A) the Collateral described in clauses (a) through (dc) constitutes constitute "deposit accounts" or "instruments," as applicable; (B) the Collateral described in clause (ed) constitutes "real property;"
Appears in 2 contracts
Samples: Indenture (Mortgageit Trust 2004-2, Mortgage-Backed Notes, Series 2004-2), Indenture (MORTGAGEIT TRUST 2005-1, Mortgage-Backed Notes, Series 2005-1)
Certain Representations Regarding the Trust Estate. (a) With respect to that portion of the Collateral described in clauses (a) through (h) of the definition of Trust Estate, the Issuer represents to the Indenture Trustee that:
(i) This Indenture creates a valid and continuing security interest (as defined in the applicable UCC) in the Collateral in favor of the Indenture Trustee, which security interest is prior to all other liens, and is enforceable as such as against creditors of and purchasers from the Issuer.
(ii) In each case, within the meaning of the applicable UCC: (A) the Collateral described in clauses (a) through (d) constitutes "deposit accounts" or "instruments," as applicable; (B) the Collateral described in clause (e) constitutes "real property;"real
Appears in 1 contract
Samples: Indenture (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)