CONCERNING THE TRUSTEE AND THE CUSTODIAN. Section 8.01 Duties of the Trustee......................................... Section 8.02 Administration of the Servicer................................ Section 8.03 Certain Matters Affecting the Trustee and the Custodian....
CONCERNING THE TRUSTEE AND THE CUSTODIAN. Section 8.01 Duties of the Trustee and the Custodian. The Trustee, before the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred and remains uncured, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. The Trustee and the Custodian, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee or the Custodian, as applicable, that are specifically required to be furnished pursuant to any provision of this Agreement shall examine them to determine whether on their face they are in the form required by this Agreement or with respect to the documents in the Custodial File, whether they satisfy the review criteria set forth in Section 2.02. Neither the Trustee nor the Custodian shall be responsible for the accuracy or content of any resolution, certificate, statement, opinion, report, document, order, or other instrument. No provision of this Agreement shall be construed to relieve the Trustee or the Custodian from liability for its own negligent action, its own negligent failure to act or its own bad faith or willful misfeasance; provided, however, that:
(a) unless an Event of Default of which the Trustee has actual knowledge has occurred and is continuing, the duties and obligations of the Trustee shall be determined solely by the express provisions of this Agreement, the Trustee shall not be liable except for the performance of the duties and obligations specifically set forth in this Agreement, no implied covenants or obligations shall be read into this Agreement against the Trustee, and the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Trustee and conforming to the requirements of this Agreement which it believed in good faith to be genuine and to have been duly executed by the proper authorities respecting any matters arising hereunder;
(b) the Trustee shall not be liable for an error of judgment made in good faith by a Responsible Officer or Respons...
CONCERNING THE TRUSTEE AND THE CUSTODIAN. 121 Section 9.01 Duties of Trustee.........................................................................121 Section 9.02 Certain Matters Affecting the Trustee.....................................................122 Section 9.03 Trustee Not Liable for Certificates or Mortgage Loans.....................................124 Section 9.04 Trustee May Own Certificates..............................................................125 Section 9.05 Trustee's Compensation and Expenses; Indemnification......................................125 Section 9.06 Eligibility Requirements for Trustee......................................................126 Section 9.07 Insurance.................................................................................126 Section 9.08 Resignation and Removal of Trustee........................................................126 Section 9.09
CONCERNING THE TRUSTEE AND THE CUSTODIAN. 124 Section 9.01
CONCERNING THE TRUSTEE AND THE CUSTODIAN. Section 8.01 Duties of the Trustee and the Custodian. 43 Section 8.02 [Reserved] 44 Section 8.03 Certain Matters Affecting the Trustee and the Custodian. 44 Section 8.04 Trustee and Custodian Not Liable for Certificates or Mortgage Loans 46 Section 8.05 Trustee May Own Certificates. 46 Section 8.06 Trustee’s Fees and Expenses. 46 Section 8.07 Eligibility Requirements for the Trustee. 47 Section 8.08 Resignation and Removal of the Trustee. 48 Section 8.09 Successor Trustee. 48 Section 8.10 Merger or Consolidation of the Trustee or the Custodian. 49 Section 8.11 Appointment of Co-Trustee or Separate Trustee. 49 Section 8.12 Tax Matters. 50 Section 8.13 [Reserved] 53 Section 8.14 Tax Classification of the Excess Reserve Fund Account and the Interest Rate Swap Agreement. 54 Section 8.15 [Reserved] 54 Section 8.16 Custodial Responsibilities. 54
CONCERNING THE TRUSTEE AND THE CUSTODIAN. Section 8.01 Duties of the Trustee and the Custodian 40 Section 8.02 [Reserved] 41 Section 8.03 Certain Matters Affecting the Trustee and the Custodian 41 Section 8.04 Trustee and Custodian Not Liable for Certificates or Mortgage Loans 42 Section 8.05 Trustee May Own Certificates 43 Section 8.06 Trustee’s Fees and Expenses 43 Section 8.07 Eligibility Requirements for the Trustee 44 Section 8.08 Resignation and Removal of the Trustee 44 Section 8.09 Successor Trustee 45 Section 8.10 Merger or Consolidation of the Trustee or the Custodian 45 Section 8.11 Appointment of Co-Trustee or Separate Trustee 46 Section 8.12 Tax Matters 47 Section 8.13 [Reserved] 50 Section 8.14 Tax Classification of the Excess Reserve Fund Account 50 Section 8.15 Tax Classification of the Excess Reserve Fund Account Error! Bookmark not defined. Section 8.16 Custodial Responsibilities 51
CONCERNING THE TRUSTEE AND THE CUSTODIAN. Duties of the Trustee and the Custodian...................................................78 Section 8.02 Custodial Responsibilities................................................................79 Section 8.03 Certain Matters Affecting the Trustee and the Custodian...................................79 Section 8.04 Trustee and Custodian Not Liable for Certificates or Mortgage Loans.......................81 Section 8.05 Trustee May Own Certificates..............................................................81 Section 8.06 Trustee's Fees and Expenses...............................................................82 Section 8.07 Eligibility Requirements for the Trustee..................................................82 Section 8.08 Resignation and Removal of the Trustee....................................................83 Section 8.09 Successor Trustee.........................................................................84 Section 8.10 Merger or Consolidation of the Trustee or the Custodian...................................84 Section 8.11 Appointment of Co-Trustee or Separate Trustee.............................................84 Section 8.12
CONCERNING THE TRUSTEE AND THE CUSTODIAN. Section 8.01 Duties of the Trustee and the Custodian.......................76 Section 8.02
CONCERNING THE TRUSTEE AND THE CUSTODIAN. Section 8.01 Duties of the Trustee and the Custodian 69 Section 8.02 [Reserved] 70 Section 8.03 Certain Matters Affecting the Trustee and the Custodian 70 Section 8.04 Trustee and Custodian Not Liable for Certificates or Mortgage Loans 71 Section 8.05 Trustee May Own Certificates 72 Section 8.06 Trustee’s Fees and Expenses 72 Section 8.07 Eligibility Requirements for the Trustee 73 Section 8.08 Resignation and Removal of the Trustee 73 Section 8.09 Successor Trustee 74 Section 8.10 Merger or Consolidation of the Trustee or Custodian 75 Section 8.11 Appointment of Co-Trustee or Separate Trustee 75 Section 8.12 Tax Matters 76 Section 8.13 [Reserved] 79 Section 8.14 [Reserved] 79 Section 8.15 [Reserved] 79 Section 8.16 Custodial Responsibilities 79
CONCERNING THE TRUSTEE AND THE CUSTODIAN
