Common use of Duties of Trustee and the Securities Administrator Clause in Contracts

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator each undertake to perform their respective duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, 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.

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator each undertake undertakes to perform their respective such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator 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 's own affairs, unless the Trustee is acting as master servicer, in which case it shall use the same degree of care and skill (in its capacity as successor Master Servicer) as a master servicer hereunder.

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, Default and the Securities Administrator each undertake undertakes to perform their respective such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator 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 's own affairs, unless the Trustee is acting as Master Servicer, in which case it shall use the same degree of care and skill as the Master Servicer hereunder.

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator each undertake undertakes to perform their respective such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator 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, unless the Trustee is acting as master servicer, in which case it shall use the same degree of care and skill as a master servicer hereunder.

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator each undertake to perform their respective duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, 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.. 57

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator each undertake undertakes to perform their respective such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, 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, unless the Trustee is acting as master servicer, in which case it shall use the same degree of care and skill as a master servicer hereunder.

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during the continuance of an Event of DefaultDefault undertakes, and the Securities Administrator each undertake to perform their suchtheir respective duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, 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.

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator each undertake to perform their respective duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, 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.. 66

Duties of Trustee and the Securities Administrator. (a) The Trustee, except during prior to the continuance occurrence of an a Master Servicer Event of DefaultDefault of which a Responsible Officer of the Trustee has actual knowledge and after the curing of all Master Servicer Events of Default that may have occurred, and the Securities Administrator each shall undertake to perform their respective such duties and only such duties as are specifically set forth in this Agreement. Any permissive right In case a Master Servicer Event of Default of which a Responsible Officer of the Trustee and the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has actual knowledge has occurred and has not otherwise been cured or waivedremains uncured, the Trustee shall exercise such of the rights and powers vested in it by this Agreement Agreement, and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of such Personperson’s own affairs.