Common use of Deed of Trust Clause in Contracts

Deed of Trust. With respect to each Mortgage constituting a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except in connection with a trustee's sale after default by the related Mortgagor.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Cit Home Equity Loan Trust 2002-1), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Acceptance Corp), Pooling and Servicing Agreement (Cit Home Equity Loan Trust 1997-1)

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Deed of Trust. With respect to each Mortgage constituting which is a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in such Mortgagethe deed of trust or may be substituted in accordance with applicable law, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except in connection with a trustee's ’s sale after default by the related MortgagorMortgagor and fees paid in connection with the release of the related Mortgaged Property or related security for such Mortgage Loan following payment of such Mortgage Loan in full.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3)

Deed of Trust. With respect to each If any related Mortgage constituting constitutes a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in any such Mortgage, or a valid substitution of trustee has been recorded, and no extraordinary fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except in connection with default proceedings and a trustee's sale after default by the related MortgagorObligor.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998 3), Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)

Deed of Trust. With respect to each related Mortgage constituting a ------------- deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, (except in connection with a trustee's sale after default by the related Mortgagorobligor) are or will become payable by the Holders, the Trustee or the Trust to the trustee under the deed of trust.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp), Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)

Deed of Trust. With respect to each the Mortgage constituting that is a deed of trusttrust or trust deed, a trustee, duly qualified under applicable law to serve as such, has either been properly designated and currently so serves and is named or may be substituted in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except accordance with applicable law. Except in connection with a trustee's sale after default by the related MortgagorMortgagor or in connection with the release of the Mortgaged Property following the payment of the Mortgage Loan in full, no fees or expenses are payable by Borrower or Lender to such trustee.

Appears in 2 contracts

Samples: Credit Agreement (LNR Property Corp), Credit Agreement (LNR Property Corp)

Deed of Trust. With respect to each If any related Mortgage constituting constitutes a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in any such Mortgage, or a valid substitution of trustee has been recorded, and no extraordinary fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except in connection with default proceedings and a trustee's sale after default by the related Mortgagor.Obligor;

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv)

Deed of Trust. With respect to each Mortgage constituting related mortgage that is a deed of trusttrust or trust deed, a trustee, duly qualified under applicable law to serve as such, has either been properly designated and currently so serves and is named or may be substituted in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except accordance with applicable law. Except in connection with a trustee's sale after default by the related Mortgagormortgagor or in connection with the release of the related Property following the payment of such Pledged Eligible Asset in full, no fees or expenses are payable by the Lender to such trustee.

Appears in 1 contract

Samples: Interim Warehouse and Security Agreement (Amresco Capital Trust)

Deed of Trust. With respect to each If a Mortgage constituting constitutes a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves as such and is named in such the Mortgage, or a valid substitution of trustee has been recorded or may be recorded and no extraordinary fees or expenses are are, or will become become, payable by the Holders or the Trust Seller to the trustee under the deed of trust, except in connection with default proceedings and a trustee's sale after default by the related Mortgagor.

Appears in 1 contract

Samples: Custody Agreement (Rock Financial Corp/Mi/)

Deed of Trust. With respect to each If a Mortgage constituting constitutes a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves as such and is named in such the Mortgage, or a valid substitution of trustee has been recorded or may be recorded and no extraordinary fees or expenses are are, or will become become, payable by the Holders or the Trust Seller to the trustee under the deed of trust, except in connection with default proceedings and a trustee's sale after default by the related MortgagorObligor.

Appears in 1 contract

Samples: Loan Sale Agreement (Remodelers Investment Corp)

Deed of Trust. With respect to each any related Mortgage constituting that is a deed of trusttrust or trust deed, a trustee, duly qualified under applicable law to serve as such, either has been properly designated and currently so serves and is named or may be substituted in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except accordance with applicable law. Except in connection with a trustee's sale after default by the related MortgagorBorrower or in connection with the release of the related Mortgaged Property following the payment of such Mortgage Loan in full, no fees or expenses are or will be payable by the mortgagee to such trustee.

Appears in 1 contract

Samples: Whole Loan Origination Facility Agreement (Criimi Mae Inc)

Deed of Trust. With respect to each If a Mortgage constituting constitutes a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves as such and is named in such the Mortgage, or a valid substitution of trustee has been recorded or may be recorded and no extraordinary fees or expenses are are, or will become become, payable by the Holders or the Trust Borrower to the trustee under the deed of trust, except in connection with default proceedings and a trustee's sale after default by the related Mortgagor.

Appears in 1 contract

Samples: Master Financing Agreement (Cityscape Financial Corp)

Deed of Trust. With respect to each If the Mortgage constituting is a deed of trust, a trustee, duly qualified under applicable law to serve as such, such has either been properly designated and currently so serves and is named or may be substituted in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except accordance with applicable law. Except in connection with a trustee's sale after default by the related MortgagorBorrower, no fees or expenses are payable by the beneficiary of such deed of trust to such trustee.

Appears in 1 contract

Samples: Loan Purchase and Sale Agreement (Resource Asset Investment Trust)

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Deed of Trust. With respect to each Mortgage constituting related mortgage that is a deed of trusttrust or trust deed, a trustee, duly qualified under applicable law to serve as such, has either been properly designated and currently so serves and is named or may be substituted in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except accordance with applicable law. Except in connection with a trustee's sale after default by the related Mortgagormortgagor or in connection with the release of the related Property following the payment of such Pledged Eligible Asset in full, no fees or expenses are payable by Lender to such trustee.

Appears in 1 contract

Samples: Interim Warehouse and Security Agreement (Amresco Capital Trust)

Deed of Trust. With respect to each If the related Mortgage constituting is a deed of trust, to Seller's Knowledge, a trustee, duly qualified under applicable law to serve as such, has been is properly designated and currently so serves and is named in serving under such Mortgage, Mortgage and no fees or expenses are or will become payable by the Holders or the Trust mortgagee to the trustee under the deed of trust, except in connection with a trustee's sale after default by the related Mortgagor.

Appears in 1 contract

Samples: Asset Purchase Agreement (Capitol Bancorp LTD)

Deed of Trust. With respect to each any related Mortgage constituting that is a deed of trusttrust or trust deed, a trustee, duly qualified under applicable law to serve as such, either has been properly designated and currently so serves and is named saves or may be substituted in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except accordance with applicable law. Except in connection with a trustee's sale after default by the related MortgagorMortgagor or in connection with the release of the related Mortgaged Property following the payment of such Mortgage Loan in full, no fees or expenses are or will be payable by the Mortgagee to such trustee.

Appears in 1 contract

Samples: Mortgage Loan Origination and Disposition Program Agreement (Criimi Mae Inc)

Deed of Trust. With respect to each In the event the Mortgage constituting is a deed of trust, a trustee, authorized and duly qualified under applicable law to serve as such, has been properly designated designated, is named in the mortgage and currently so serves and is named in such Mortgageserves, and no fees or expenses are or will become payable by the Holders or the Trust Buyer to the trustee under the deed of trust, except in connection with a trustee's ’s sale after default by the related Mortgagormortgagor.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Deed of Trust. With respect to each In the event the Mortgage constituting is a deed of trust, a trustee, authorized and duly qualified under applicable law Applicable Law to serve as such, has been properly designated designated, is named in the Mortgage and currently so serves and is named in such Mortgageserves, and no fees or expenses are or will become payable by the Holders or the Trust Purchaser to the trustee under the deed of trust, except in connection with a trustee's ’s sale after default by the related Mortgagor.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement (Angel Oak Mortgage, Inc.)

Deed of Trust. With respect to each Mortgage constituting that is a deed of trust, a trustee, duly qualified under applicable law to serve as such, has either been properly designated and currently so serves and is named or may be substituted in such Mortgage, and no fees or expenses are or will become payable by the Holders or the Trust to the trustee under the deed of trust, except accordance with applicable law. Except in connection with a trustee's sale after default by the related Mortgagor.mortgagor, no fees or expenses are payable by the Buyer to such trustee; and

Appears in 1 contract

Samples: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)

Deed of Trust. With respect to each If a Mortgage constituting constitutes a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves as such and is named in such the Mortgage, or a valid substitution of trustee has been recorded or may be recorded and no extraordinary fees or expenses are are, or will become become, payable by the Holders or the Trust Transferor to the trustee under the deed of trust, except in connection with default proceedings and a trustee's sale after default by the related MortgagorObligor.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Remodelers Investment Corp)

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