Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for: (i) the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property; (ii) the existence and enforceability of any hazard insurance on any Mortgaged Property; (iii) the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment; (iv) the completeness of any Mortgage Loan; (v) the performance or enforcement of any Mortgage Loan; (vi) any investment of monies by or at the direction of the Master Servicer or any resulting loss; (vii) the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage; (viii) any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or (ix) the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 30 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-D), Indenture (CWABS Revolving Home Equity Loan Trust Series, 2004-P), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2005-I)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) for the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) ; the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) ; the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) ; the completeness of any Mortgage Loan;
(v) ; the performance or enforcement of any Mortgage Loan;
(vi) ; any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) ; the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;
(viii) ; any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) or the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 16 contracts
Samples: Indenture (Cwabs Inc), Indenture (Cwabs Inc), Indenture (Cwabs Inc)
Indenture Trustee Not Responsible for Certain Things. The Neither the Indenture Trustee nor the Co-Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the Indenture Trustee as to the signature and authentication of the Indenture Trustee on the Notes). It Neither shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's Trustee with respect to its certificate of authentication. The Neither the Indenture Trustee nor the Co-Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Neither the Indenture Trustee nor the Co-Trustee shall not be responsible for:
(i) the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) the completeness of any Mortgage Loan;
(v) the performance or enforcement of any Mortgage Loan;
(vi) any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;
(viii) any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Neither the Indenture Trustee nor the Co-Trustee shall have no responsibility be responsible for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it the Indenture Trustee under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 6 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-D), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-B), Indenture (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-C)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) the completeness of any Mortgage Loan;
(v) the performance or enforcement of any Mortgage Loan;
(vi) any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;
(viii) any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility not be responsible for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 5 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-I), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-C), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-A)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's ’s certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) MERS® System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) the completeness of any Mortgage Loan;
(v) the performance or enforcement of any Mortgage Loan;
(vi) any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;
(viii) any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility not be responsible for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 3 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) for the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) ; the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) ; the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) ; the completeness of any Mortgage Loan;
(v) ; the performance or enforcement of any Mortgage Loan;
(vi) ; any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) ; the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;
(viii) ; any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) or the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest security interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 3 contracts
Samples: Indenture (Cwabs Inc), Indenture (Cwabs Inc Revolving Home Eq Loan Asset BKD Notes Ser 2001-B), Indenture (Cwabs Inc)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) the completeness of any Mortgage Loan;
(v) the performance or enforcement of any Mortgage Loan;
(vi) any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;; 38
(viii) any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 2 contracts
Samples: Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-T), Indenture (CWABS Revolving Home Equity Loan Trust Series, 2004-U)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) for the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) ; the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) ; the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) ; the completeness of any Mortgage Loan;
(v) ; the performance or enforcement of any Mortgage Loan;
(vi) ; any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) ; the acts or omissions of any of the Depositor, the Custodian, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;
(viii) ; any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) or the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 1 contract
Samples: Indenture (Cwabs Inc)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) for the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, [or the sufficiency or validity of MERS or the MERS(R) System, ]including the existence, condition, and ownership of any Mortgaged Property;
(ii) ; the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) ; the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) ; the completeness of any Mortgage Loan;
(v) ; the performance or enforcement of any Mortgage Loan;
(vi) ; any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) ; the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;
(viii) ; any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) or the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest security interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 1 contract
Samples: Indenture (Indymac Abs Inc)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) the completeness of any Mortgage Loan;
(v) the performance or enforcement of any Mortgage Loan;
(vi) any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) the acts or omissions of any of the Depositor, the Master Servicer, any any0 subservicer, or any mortgagor under a Mortgage;
(viii) any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 1 contract
Samples: Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-F)
Indenture Trustee Not Responsible for Certain Things. The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Collateral or any Transaction Document (other than the signature and authentication of the Indenture Trustee on the Notes). It shall not be responsible for any statement in this Indenture other than Section 6.14 or in any document issued in the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication. The Indenture Trustee is not accountable for the use or application by the Issuer of any of the Notes or of the proceeds of the Notes, or for the use or application of any funds paid to the Depositor or the Master Servicer on the Mortgage Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Indenture Trustee shall not be responsible for:
(i) the validity and enforceability of any Mortgage or any Mortgage Loan, or the perfection and priority of any Mortgage or the maintenance of its perfection and priority, or for the sufficiency of the Trust or its ability to generate the payments to be distributed to Noteholders under this Indenture, or the sufficiency or validity of MERS or the MERS(R) System, including the existence, condition, and ownership of any Mortgaged Property;
(ii) the existence and enforceability of any hazard insurance on any Mortgaged Property;
(iii) the validity of the assignment of any Mortgage Loan to the Indenture Trustee or of any intervening assignment;
(iv) the completeness of any Mortgage Loan;
(v) the performance or enforcement of any Mortgage Loan;
(vi) any investment of monies by or at the direction of the Master Servicer or any resulting loss;
(vii) the acts or omissions of any of the Depositor, the Master Servicer, any subservicer, or any mortgagor under a Mortgage;
(viii) any action of the Master Servicer or any subservicer taken in the name of the Indenture Trustee; or
(ix) the failure of the Master Servicer or any subservicer to act or perform any duties required of it as agent of the Indenture Trustee. The Indenture Trustee shall have no responsibility for filing any Financing or Continuation Statement in any public office at any time or otherwise to perfect or maintain the perfection of any Security Interest or lien granted to it under this Indenture or to prepare or file any Commission filing for the Trust or to record this Indenture.
Appears in 1 contract
Samples: Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-S)