Common use of Deutsche Bank National Clause in Contracts

Deutsche Bank National. Trust Company is hereby appointed as the trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust created hereby. Deutsche Bank Trust Company Delaware is hereby appointed as the Delaware Trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder and Deutsche Bank Trust Company Delaware hereby accepts such appointment and the trust created hereby. It is the intention of the Depositor, the Servicer, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The assets of the Trust shall remain in the custody of the Trustee or the Custodian, on behalf of the Trust, and shall be owned by the Trust. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee or the institution acting as Delaware Trustee in its own right, or any Person claiming through either. Neither the Trustee nor the Delaware Trustee shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Servicer or of the Depositor shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement.

Deutsche Bank National. Trust Company is hereby appointed as the a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust Trust created hereby. Deutsche Bank Trust Company Delaware Delaware, is hereby appointed as the a Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware Delaware, hereby accepts such appointment and the trust Trust created hereby. It is the intention of the Depositor, the ServicerCompany, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The assets of the Trust shall remain in the custody of the Trustee or the CustodianTrustee, on behalf of the Trust, and shall be owned by the TrustTrust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee Deutsche Bank National Trust Company or the institution acting as Deutsche Bank Trust Company Delaware Trustee in its own right, or any Person claiming through eitherit. Neither the Trustee nor the Delaware Trustee Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Master Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement. On the Closing Date, the Company shall deposit in the Certificate Account the amount of $696,846.04 representing one month's interest with respect to Mortgage Loans which do not have a Due Date until December 2002.

Deutsche Bank National. Trust Company is hereby appointed as the trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust created hereby. Deutsche Bank Trust Company Delaware is hereby appointed as the Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware hereby accepts such appointment and the trust created hereby. It is the intention of the DepositorCompany, the Servicer, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The parties hereto acknowledge that the Trust includes two separate pools of mortgage loans (referred to herein as Loan Groups), and that the assets of each Loan Group are available to make payments to the holders of Certificates as provided in the definitions of “REMIC I Distribution Amount,” “REMIC II Distribution Amount” and “REMIC III Distribution Amount” and in Section 4.01, Section 4.04 and Section 4.05 hereof. The assets of the Trust shall remain in the custody of the Trustee or the Custodian, on behalf of the Trust, and shall be owned by the Trust. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee or the institution acting as Delaware Trustee in its own right, or any Person claiming through either. Neither the Trustee nor the Delaware Trustee shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement. On the Closing Date, the Company shall deposit in the Certificate Account the amount of $882,237.47 (the “Initial Deposit”), representing a portion of the Interest Distribution Amount for the REMIC I, REMIC II and REMIC III Regular Interests for the first Distribution Date.

Deutsche Bank National. Trust Company is hereby appointed as the a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust Trust created hereby. Deutsche Bank Trust Company Delaware Delaware, is hereby xxxxxx appointed as the a Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware Delaware, hereby accepts such appointment and the trust Trust created hereby. It is the intention of the Depositor, the ServicerCompany, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The assets of the Trust shall remain in the custody of the Trustee or the CustodianTrustee, on behalf of the Trust, and shall be owned by the TrustTrust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee Deutsche Bank National Trust Company or the institution acting as Deutsche Bank Trust Company Delaware Trustee in its own right, or any Person claiming through eitherit. Neither the Trustee nor the Delaware Trustee Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Master Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement.

Deutsche Bank National. Trust Company is hereby appointed as the a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust Trust created hereby. Deutsche Bank Trust Company Delaware Delaware, is hereby appointed as the a Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware Delaware, hereby accepts such appointment and the trust Trust created hereby. It is the intention of the Depositor, the ServicerCompany, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The assets of the Trust shall remain in the custody of the Trustee or the CustodianTrustee, on behalf of the Trust, and shall be owned by the TrustTrust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee Deutsche Bank National Trust Company or the institution acting as Deutsche Bank Trust Company Delaware Trustee in its own right, or any Person claiming through eitherit. Neither the Trustee nor the Delaware Trustee Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Master Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement.

Deutsche Bank National. Trust Company is hereby appointed as the a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust Trust created hereby. Deutsche Bank Trust Company Delaware Delaware, is hereby appointed as the a Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware Delaware, hereby accepts such appointment and the trust Trust created hereby. It is the intention of the Depositor, the ServicerCompany, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The assets of the Trust shall remain in the custody of the Trustee or the CustodianTrustee, on behalf of the Trust, and shall be owned by the TrustTrust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee Deutsche Bank National Trust Company or the institution acting as Deutsche Bank Trust Company Delaware Trustee in its own right, or any Person claiming through eitherit. Neither the Trustee nor the Delaware Trustee Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Master Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement. On the Closing Date, the Company shall deposit in the Certificate Account the amount of $20,202.20 representing one month's interest with respect to Mortgage Loans which do not have a Due Date until January 2003.

Deutsche Bank National. Trust Company is hereby appointed as the a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust Trust created hereby. Deutsche Bank Trust Company Delaware Delaware, is hereby appointed as the a Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware Delaware, hereby accepts such appointment and the trust Trust created hereby. It is the intention of the Depositor, the ServicerCompany, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The parties hereto acknowledge that the Trust includes two separate pools of mortgage loans (referred to herein as Loan Groups), and that the assets of each Loan Group are available to make payments to the holders of the related Certificates as provided in the definition of "Distribution Amount" and Section 4.01 hereof. The assets of the Trust shall remain in the custody of the Trustee or the CustodianTrustee, on behalf of the Trust, and shall be owned by the TrustTrust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee Deutsche Bank National Trust Company or the institution acting as Deutsche Bank Trust Company Delaware Trustee in its own right, or any Person claiming through eitherit. Neither the Trustee nor the Delaware Trustee Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Master Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement. On the Closing Date, the Company shall deposit in the Certificate Account the amount of $16,341.88 representing one month's interest with respect to Mortgage Loans which do not have a Due Date until December 2002.

Deutsche Bank National. Trust Company is hereby appointed as the a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust Trust created hereby. Deutsche Bank Trust Company Delaware Delaware, is hereby xxxxxx appointed as the a Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware Delaware, hereby accepts such appointment and the trust Trust created hereby. It is the intention of the DepositorCompany, the Servicer, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The parties hereto acknowledge that the Trust includes two separate pools of mortgage loans (referred to herein as Loan Groups), and that the assets of each Loan Group are available to make payments to the holders of Certificates as provided in the definitions of “REMIC I Distribution Amount,” “REMIC II Distribution Amount” and “REMIC III Distribution Amount” Section 4.01, Section 4.04 and Section 4.05 hereof. The assets of the Trust shall remain in the custody of the Trustee or the CustodianTrustee, on behalf of the Trust, and shall be owned by the TrustTrust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee Deutsche Bank National Trust Company or the institution acting as Deutsche Bank Trust Company Delaware Trustee in its own right, or any Person claiming through eitherit. Neither the Trustee nor the Delaware Trustee Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement. On the Closing Date, the Company shall deposit in the Certificate Account the amount of $1,012,167.18 representing a portion of the Interest Distribution Amount for the REMIC I, REMIC II and REMIC III Regular Interests for the first Distribution Date.

Deutsche Bank National. Trust Company is hereby appointed as the a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust Trust created hereby. Deutsche Bank Trust Company Delaware Delaware, is hereby appointed as the a Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware Delaware, hereby accepts such appointment and the trust Trust created hereby. It is the intention of the Depositor, the ServicerCompany, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The assets of the Trust shall remain in the custody of the Trustee or the CustodianTrustee, on behalf of the Trust, and shall be owned by the TrustTrust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee Deutsche Bank National Trust Company or the institution acting as Deutsche Bank Trust Company Delaware Trustee in its own right, or any Person claiming through eitherit. Neither the Trustee nor the Delaware Trustee Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Master Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement. On the Closing Date, the Company shall deposit in the Certificate Account the amount of $192,598.63 representing one month's interest with respect to Mortgage Loans which do not have a Due Date until November 2002.

Deutsche Bank National. Trust Company is hereby appointed as the a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust expressly set forth hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the trust Trust created hereby. Deutsche Bank Trust Company Delaware Delaware, is hereby appointed as the a Delaware Trustee trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder hereunder, and Deutsche Bank Trust Company Delaware Delaware, hereby accepts such appointment and the trust Trust created hereby. It is the intention of the Depositor, the ServicerCompany, the Trustee and the Delaware Trustee that the Trust constitute a statutory business trust under the Statutory Business Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The assets of the Trust shall remain in the custody of the Trustee or the CustodianTrustee, on behalf of the Trust, and shall be owned by the TrustTrust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held by in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of the institution acting as Trustee Deutsche Bank National Trust Company or the institution acting as Deutsche Bank Trust Company Delaware Trustee in its own right, or any Person claiming through eitherit. Neither the Trustee nor the Delaware Trustee Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Master Servicer or of the Depositor Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the terms of this Agreement.