General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 196 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2023-1)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Basic Documents to which the Trust is a party and to administer the Trust in accordance with the interest provisions hereof and of the Holder, subject to the Basic Documents and in accordance with the provisions interest of this Agreementthe Certificateholders. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its such obligations or fulfill such duties under the Sale and Servicing Administration Agreement.
Appears in 171 contracts
Samples: Trust Agreement (Toyota Auto Receivables 2024-D Owner Trust), Trust Agreement (Toyota Auto Receivables 2024-D Owner Trust), Trust Agreement (Toyota Auto Finance Receivables LLC)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Basic Documents to which the Trust is a party and to administer the Trust in the interest of the HolderOwners, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 66 contracts
Samples: Trust Agreement (DaimlerChrysler Auto Trust 2007-A), Trust Agreement (Daimlerchrysler Auto Trust 2008-A), Trust Agreement (Chrysler Financial Auto Securitization Trust 2009-B)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 48 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-4)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Holding Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Holding Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 40 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-4)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in for the interest benefit of the HolderCertificateholders, subject to the Basic Documents lien of the Indenture and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged (or caused to be discharged) its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed Administrator is required in the Sale and Servicing Administration Agreement to perform any act or to discharge any such duty of the Trust Owner Trustee or the Owner Trustee Trust hereunder or under any Basic other Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 39 contracts
Samples: Trust Agreement (CarMax Auto Owner Trust 2014-4), Trust Agreement (CarMax Auto Owner Trust 2014-3), Trust Agreement (CarMax Auto Owner Trust 2014-2)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Basic Documents to which the Issuer is a party and to administer the Trust Issuer in accordance with the provisions hereof and of the Basic Documents and in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this AgreementCertificateholders. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its such obligations or fulfill such duties under the Sale and Servicing Administration Agreement.
Appears in 38 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Trust Agreement and the Sale and Servicing Agreement Basic Documents to which the Trust is a party and to administer the Trust in the interest of the HolderCertificateholders, subject to the Basic Documents and in accordance with the provisions of this Trust Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act such acts or to discharge any duty such duties of the Trust or the Owner Trustee or the Trust hereunder or under any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 38 contracts
Samples: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (Credit Suisse First Boston Mortgage Securities Corp)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer such responsibilities in respect of the Trust in the interest of the HolderCertificateholders, subject to the Basic Transaction Documents to which the Trust is a party and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Trust hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement. The Owner Trustee shall have no duty to monitor or supervise the Administrator.
Appears in 24 contracts
Samples: Trust Agreement (World Omni Auto Leasing LLC), Trust Agreement (World Omni LT), Trust Agreement (World Omni Automobile Lease Securitization Trust 2020-B)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Owner Trust in the interest of the HolderCertificateholder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale Deposit and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale Deposit and Servicing Administration Agreement.
Appears in 19 contracts
Samples: Trust Agreement (Chase Manhattan Bank Usa), Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement or the failure of the Manager to carry out its obligations under the Management Agreement.
Appears in 15 contracts
Samples: Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (GreenPoint Home Equity Loan Trust 2004-4), Trust Agreement (Greenpoint Mortgage Securities LLC)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its only those responsibilities expressly required to be performed by it pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 14 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (AmeriCredit Automobile Receivables Trust 2024-1)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Trust Issuer in the interest of the HolderCertificateholders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Issuer hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 11 contracts
Samples: Trust Agreement (Chase Manhattan Auto Owner Trust 1998-B), Trust Agreement (Chase Manhattan Auto Owner Trust 2001 A), Trust Agreement (Chase Manhattan Bank Usa)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Operative Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Operative Documents to the extent the Master Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Operative Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 11 contracts
Samples: Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Conduit Receivables Inc)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Transaction Documents to which the Trust is a party and to administer the Trust in the interest of the HolderTransferor, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Master Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Master Servicer to carry out its respective obligations under the Sale and Servicing Agreement.
Appears in 10 contracts
Samples: Trust Agreement (Household Mortgage Loan Trust 2004-Hc1), Trust Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2003 2), Trust Agreement (HSBC Home Equity Loan Trust 2005-2)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this AgreementAgreement and in the interest of the Holders, subject to the Basic Documents. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Master Servicer has agreed in the Master Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, Document and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Master Sale and Servicing Agreement.
Appears in 10 contracts
Samples: Trust Agreement (Household Automotive Trust 2003-2), Trust Agreement (HSBC Automotive Trust 2005-2), Trust Agreement (HSBC Automotive Trust 2005-1)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Transaction Documents to which it is a party and to administer the Trust in the interest of the HolderTransferor, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its their respective obligations under the Sale and Servicing Administration Agreement.
Appears in 10 contracts
Samples: Trust Agreement (First Horizon Asset Securities Inc), Trust Agreement (Fund America Investors Corp Ii), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Owner Trust in the interest of the HolderBeneficiary, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale Transfer and Servicing Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee hereunder or Trust under any Basic Transaction Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale Transfer and Servicing Agreement.
Appears in 10 contracts
Samples: Trust Agreement (Jpmorgan Chase Bank, National Association), Trust Agreement (Chase Card Funding LLC), Trust Agreement (Chase Issuance Trust)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this AgreementOwners. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Eligible Lender Trust Agreement (Issuer) and the Basic Documents to the extent the Administrator or the Servicer has agreed in the Sale and Administration Agreement or the Servicing Agreement Agreement, respectively, to perform any act of or to discharge any and duty of the Trust or the Owner Trustee hereunder or under the Eligible Lender Trust Agreement (Issuer) or any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Administrator or the Servicer to carry out its obligations under the Sale Administration Agreement and the Servicing Agreement, respectively.
Appears in 8 contracts
Samples: Trust Agreement (SLC Student Loan Trust 2007-1), Trust Agreement (Wells Fargo Student Loans Receivables I LLC), Trust Agreement (SLC Student Loan Trust 2007-2)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Trust Issuer in the interest of Certificateholders and the HolderClass R Certificateholder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Issuer hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 8 contracts
Samples: Trust Agreement (JPMorgan Chase Bank, National Association), Trust Agreement (Chase Auto Owner Trust 2005-B), Trust Agreement (Chase Auto Owner Trust 2005-A)
General Duties. It shall be the duty of the Owner -------------- Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 7 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Transaction Documents to which the Trust is a party and to administer the Trust in the interest of the HolderTransferor, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic other Transaction Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement or another Transaction Document to perform any act or to discharge any duty of Owner Trustee or the Trust or the Owner Trustee hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be personally liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 7 contracts
Samples: Trust Agreement (CNH Wholesale Receivables Inc), Trust Agreement (CNH Wholesale Receivables Inc), Trust Agreement (World Financial Network Credit Card Master Trust)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this AgreementOwners. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Eligible Lender Trust Agreement (Issuer) and the Basic Documents to the extent the Administrator or the Servicer has agreed in the Sale and Administration Agreement or the Servicing Agreement Agreement, respectively, to perform any act of or to discharge any duty of the Trust or the Owner Trustee hereunder or under the Eligible Lender Trust Agreement (Issuer) or any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Administrator or the Servicer to carry out its obligations under the Sale Administration Agreement and the Servicing Agreement, respectively.
Appears in 7 contracts
Samples: Trust Agreement (SLC Student Loan Trust 2010-1), Trust Agreement (SLC Student Loan Receivables I Inc), Trust Agreement (SLC Student Loan Trust 2009-3)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Owner Trust in the interest of the HolderCertificateholder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale Deposit and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Trust hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale Deposit and Servicing Administration Agreement.
Appears in 6 contracts
Samples: Trust Agreement (Chase Credit Card Owner Trust 2004-2), Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 5 contracts
Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-1)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Master Servicing Agreement and to administer the Trust in the interest of the HolderOwners, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Master Servicer has agreed in the Sale and Master Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Sale and Master Servicing Agreement.
Appears in 5 contracts
Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this AgreementAgreement and in the interest of the Holders, subject to the Basic Documents. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, Document and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 5 contracts
Samples: Trust Agreement (HSBC Automotive Trust (USA) 2006-1), Trust Agreement (HSBC Automotive Trust (USA) 2006-3), Trust Agreement (HSBC Auto Receivables Corp)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderOwners, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 4 contracts
Samples: Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (Money Store Auto Trust 1996-2), Trust Agreement (TMS Auto Holdings Inc)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Transaction Documents to which the Trust is a party and to administer the Trust in the interest of the HolderTransferor, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its their respective obligations under the Sale and Servicing Administration Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Bond Securitization LLC), Trust Agreement (Household Mortgage Funding Corp Iii), Trust Agreement (Fleet Home Equity Loan Corp)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer or the Depositor has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 4 contracts
Samples: Trust Agreement (UPFC Auto Receivables Trust 2007-A), Trust Agreement (UPFC Auto Receivables Trust 2006-A), Trust Agreement (UPFC Auto Receivables Trust 2007-B)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Trust Agreement (National Auto Finance Co Inc), Trust Agreement (National Financial Auto Funding Trust), Trust Agreement (National Auto Finance Co Inc)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderTransferor, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Master Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Master Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Household Mortgage Loan Trust 2003-Hc1), Trust Agreement (Household Mortgage Loan Trust 2003-Hc2), Trust Agreement (Household Mortgage Loan Trust 2002 Hc1)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Ml Asset Backed Corp), Trust Agreement (Painewebber Asset Acceptance Corp), Trust Agreement (Securitized Asset Backed Receivables LLC)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderOwners, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Master Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Chec Asset Receivables Corp), Trust Agreement (Avco Abs Receivables Corp), Trust Agreement (Chec Asset Receivables Corp)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Master Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Advanta Automobile Receivables Trust 1997-2), Trust Agreement (Advanta Automobile Receivables Trust 1997-1), Trust Agreement (Advanta Automobile Receivables 1998-1)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Trust Agreement and the Sale and Servicing Agreement Basic Documents to which the Trust is a party and to administer the Trust in the interest of the HolderCertificateholders, subject to the Basic Documents and in accordance with the provisions of this Trust Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent that the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer such person to carry out its obligations under the Sale and Servicing Agreementsuch obligations.
Appears in 3 contracts
Samples: Trust Agreement (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3), Trust Agreement (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Trust Agreement (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Transaction Documents to which the Trust is a party and to administer the Trust in the interest of the HolderTransferor, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer to carry out its respective obligations under the Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Trust Agreement (HSBC Home Equity Loan Corp I), Trust Agreement (HSBC Home Equity Loan Trust (USA) 2006-2), Trust Agreement (HSBC Home Equity Loan Trust (USA) 2006-1)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Basic Documents to which the Trust is a party and to administer the Trust in the interest of the HolderOwners, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its such obligations or fulfill such duties under the Sale and Servicing Administration Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolder[s], subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Afs Sensub Corp.), Trust Agreement (Afs Sensub Corp.)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Trust Issuer in the interest of the HolderCertificateholders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has Administrators have agreed in the Sale and Servicing Agreement Administration Agreements to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Issuer hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer an Administrator to carry out its obligations under the Sale and Servicing related Administration Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Chase Manhattan Bank Usa), Trust Agreement (Chase Manhattan Bank Usa)
General Duties. It shall be the duty of the Owner Trustee -------------- to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
General Duties. It shall be the duty of the Owner -------------- Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Basic Documents to which the Trust is a party and to administer the Trust in the interest of the HolderOwners, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Provident Bank), Trust Agreement (Indymac Abs Inc)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Owner Trust in the interest of the HolderCertificateholder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged dis charged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale Deposit and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Trust hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale Deposit and Servicing Administration Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust)
General Duties. It shall be the duty of the Owner Trustee -------------- to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Basic Documents to which the Trust is a party and to administer the Trust in the interest of the HolderOwners, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Indymac Abs Inc), Trust Agreement (First Horizon Asset Securities Inc)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Basic Agreements to which the Trust is a party and to administer the Trust in the interest of the HolderCertificateholders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Trust Administrator has agreed in the Sale and Servicing Trust Administration Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Trust Administrator to carry out its obligations under the Sale and Servicing Trust Administration Agreement.
Appears in 2 contracts
Samples: Trust Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1), Trust Agreement (SSB Vehicle Securities Inc)
General Duties. It shall be the duty of the Owner Trustee to -------------- discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Prudential Securities Secured Financing Corp), Trust Agreement (Prudential Securities Secured Financing Corp)
General Duties. It shall be the duty of the -------------- Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in for the interest benefit of the HolderCertificateholders, subject to the Basic Documents lien of the Indenture and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged (or caused to be discharged) its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed Administrator is required in the Sale and Servicing Administration Agreement to perform any act or to discharge any such duty of the Trust Owner Trustee or the Owner Trustee Trust hereunder or under any Basic other Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 1 contract
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 1 contract
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Owner Trust in the interest of the HolderCertificateholder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the other Basic Documents to the extent the Servicer Administrator has agreed in the Sale Deposit and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Trust hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale Deposit and Servicing Administration Agreement.
Appears in 1 contract
Samples: Trust Agreement (Target Credit Card Owner Trust 2005-1)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderBeneficiary, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and the obligations of the Trust under the Basic Transaction Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Agreement herein to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or the Trust under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Agreementhereunder or thereunder.
Appears in 1 contract
Samples: Trust Agreement (Mellon Premium Finance Loan Owner Trust)
General Duties. It shall be the duty of the Owner -------------- Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in for the interest benefit of the HolderCertificateholders, subject to the Basic Documents lien of the Indenture and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged (or caused to be discharged) its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed Administrator is required in the Sale and Servicing Administration Agreement to perform any act or to discharge any such duty of the Trust Owner Trustee or the Owner Trustee Trust hereunder or under any Basic other Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 1 contract
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Transaction Documents and to administer the Owner Trust in the interest of the HolderOwners, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement or other Transaction Document to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee hereunder or Trust under any Basic Transaction Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 1 contract
Samples: Trust Agreement (Conseco Finance Credit Card Funding Corp)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Trust Issuer in the interest of the HolderCertificateholder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale Deposit and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Issuer hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale Deposit and Servicing Administration Agreement.
Appears in 1 contract
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust A in the interest of the HolderHolders, subject to the Basic Operative Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Operative Documents to the extent the Master Servicer has agreed in the Trust A Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust A or the Owner Trustee hereunder or under any Basic Operative Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Trust A Sale and Servicing Agreement.
Appears in 1 contract
Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust B in the interest of the HolderHolders, subject to the Basic Operative Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Operative Documents to the extent the Master Servicer has agreed in the Trust B Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust B or the Owner Trustee hereunder or under any Basic Operative Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Trust B Sale and Servicing Agreement.
Appears in 1 contract
Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderDepositor, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and the obligations of the Trust under the Basic Transaction Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Agreement herein to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or the Trust under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Agreementhereunder or thereunder.
Appears in 1 contract
Samples: Trust Agreement (Mellon Premium Finance Loan Owner Trust)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Operative Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Operative Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Operative Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 1 contract
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this AgreementAgreement and in the interest of the Holders, subject to the Basic Documents. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Master Servicer has agreed in the Master Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Master Sale and Servicing Agreement.
Appears in 1 contract
General Duties. It shall will be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be is deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall will not be liable for the default or failure of the Servicer to carry out its obligations under obligations. The Owner Trustee shall have no obligation to administer, service or collect the Sale and Servicing AgreementReceivables or to maintain, monitor or otherwise supervise the administration, servicing or collection of the Receivables.
Appears in 1 contract
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Transaction Documents and to administer the Trust in the interest of the HolderCertificateholders, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Trust hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 1 contract
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its only those responsibilities expressly required to be performed by it pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolder[s], subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Trust Agreement (Afs Sensub Corp.)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the assets of the Trust in the interest of the HolderTransferor, subject to the Basic Transaction Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Transaction Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Transaction Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 1 contract
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Trust Issuer in the interest of the HolderClass R Certificateholder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge any duty of the Trust Owner Trustee or the Owner Trustee Issuer hereunder or under any other Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 1 contract
Samples: Trust Agreement (JPMorgan Chase Bank, National Association)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Operative Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic other Operative Documents to the extent the Master Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Operative Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 2000 A)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the Holder, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement.. Back to Contents
Appears in 1 contract
Samples: Trust Agreement (Americredit Automobile Receivable Trust 2005-D-A)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement Related Documents to which the Trust is a party and to administer the Trust in the interest of the HolderHolder of the Transferor Certificate, subject to the Basic Related Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Related Documents to the extent the Servicer Administrator has agreed in the Sale and Servicing Administration Agreement to perform any act or to discharge Amended and Restated Trust Agreement any duty of the Trust or the Owner Trustee hereunder or under any Basic Related Document, and the Owner Trustee shall not be held liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement.
Appears in 1 contract
Samples: Trust Agreement (CDF Funding, Inc.)
General Duties. It shall be the duty of the -------------- Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust in the interest of the HolderHolders, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent the Servicer has agreed in the Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer to carry out its obligations under the Sale and Servicing Agreement or the failure of the Manager to carry out its obligations under the Management Agreement.
Appears in 1 contract
Samples: Trust Agreement (Headlands Mortgage Securities Inc)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement and to administer the Trust C in the interest of the HolderHolders, subject to the Basic Operative Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Operative Documents to the extent the Master Servicer has agreed in the Trust C Sale and Servicing Agreement to perform any act or to discharge any duty of the Trust C or the Owner Trustee hereunder or under any Basic Operative Document, and the Owner Trustee shall not be liable for the default or failure of the Master Servicer to carry out its obligations under the Trust C Sale and Servicing Agreement.
Appears in 1 contract
Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)
General Duties. It shall be the duty of the Owner Trustee to discharge (or cause to be discharged) all of its responsibilities pursuant to the terms of this Agreement and the Sale and Servicing Agreement other Basic Documents and to administer the Trust Issuer in the interest of the HolderOwners, subject to the Basic Documents and in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Owner Trustee shall be deemed to have discharged its duties and responsibilities hereunder and under the Basic Documents to the extent Administrator or the Servicer Administrative Agent has agreed in the Sale and Servicing Administration Agreement or the Administrative Agent Agreement to perform any act or to discharge any duty of the Trust or the Owner Trustee or Issuer hereunder or under any Basic Document, and the Owner Trustee shall not be liable for the default or failure of the Servicer Administrator to carry out its obligations under the Sale and Servicing Administration Agreement or the Administrative Agent to carry out its obligations under the Administrative Agent Agreement.
Appears in 1 contract