No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee nevertheless agrees that it will promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Estate.
Appears in 35 contracts
Samples: Trust Agreement (World Omni LT), Trust Agreement (World Omni LT), Trust Agreement (World Omni LT)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Eligible Lender Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, service, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Eligible Lender Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Eligible Lender Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction other Basic Document against the Owner Eligible Lender Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Eligible Lender Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction other Basic Document. The Owner Eligible Lender Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee Chase Bank USA, National Association in its individual capacity or as the Eligible Lender Trustee that are not related to the ownership or the administration of the Trust Estate.
Appears in 17 contracts
Samples: Trust Agreement (SLM Student Loan Trust 2006-5), Trust Agreement (SLM Student Loan Trust 2005-10), Trust Agreement (SLM Student Loan Trust 2007-4)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Holding Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.3; and no implied duties (including fiduciary duties) or obligations existing at law or in equity shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any trust licensing or qualifications to do business, tax filing, financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any ownership or security interest or lien granted to it hereunder or to prepare or file any filing, Commission filing (including any Securities and Exchange Commission filing filings required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 or any rule or regulation promulgated thereunder) for the Holding Trust or to record this Agreement or any Transaction DocumentBasic Document or monitor or enforce the satisfaction of any risk retention requirement. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Holding Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity capacity) and that are not related to the ownership or the administration of the Owner Holding Trust Estate.
Appears in 13 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2022-2), Trust Agreement (Exeter Automobile Receivables Trust 2022-2), Trust Agreement (Exeter Automobile Receivables Trust 2022-1)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Eligible Lender Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, service, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Eligible Lender Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Eligible Lender Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction other Basic Document against the Owner Eligible Lender Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Eligible Lender Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction other Basic Document. The Owner Eligible Lender Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee The Bank of New York Trust Company, N.A., in its individual capacity or as the Eligible Lender Trustee that are not related to the ownership or the administration of the Trust Estate.
Appears in 10 contracts
Samples: Trust Agreement (SLM Student Loan Trust 2008-2), Trust Agreement (SLM Student Loan Trust 2007-6), Trust Agreement (SLM Student Loan Trust 2008-6)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for the preparation, correctness, accuracy, existence, validity or perfection of any financing statement or for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.
Appears in 6 contracts
Samples: Trust Agreement (John Deere Owner Trust 2017-B), Trust Agreement (John Deere Owner Trust 2017-B), Trust Agreement (John Deere Owner Trust 2017)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Trust EstateAssets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement (including Section 6.02) or in any document or written instruction received by the Owner Trustee pursuant to Article IV or Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission securities law filing for the Trust or to record this Agreement or any other Transaction Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate Assets that result from actions by, or claims against, the Owner Trustee Trustee, in its individual capacity capacity, that are not related to the ownership or the administration of the Trust EstateAssets.
Appears in 4 contracts
Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Asset Backed Securities Corp)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section SECTION 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.
Appears in 4 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any other Transaction Document, which shall be the responsibility of the Administrator pursuant to the Administration Agreement. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Estate.
Appears in 2 contracts
Samples: Trust Agreement (Orix Credit Alliance Receivables Trust 2000-A), Trust Agreement (Orix Credit Alliance Receivables Trust 2000 B)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust EstateProperty, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided by the terms of this Agreement (including as provided in Section 6.2) or in any document or written instruction received by the Owner Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Related Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for preparing, monitoring or filing any financing or continuation statement statements in any public office at any time or otherwise to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Related Document; however, the Owner Trustee will from time to time execute and deliver such financing or continuation statements as are prepared by the Servicer and delivered to the Owner Trustee for its execution on behalf of the Trust for the purpose of perfecting or maintaining the perfection of such a security interest or lien or effecting such a recording. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense (and not at the expense of the Trust), promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate Property that result from actions by, or are attributable to claims against, against the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateProperty.
Appears in 2 contracts
Samples: Trust Agreement (Olympic Financial LTD), Trust Agreement (Arcadia Receivables Finance Corp)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust EstateAssets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing statement or continuation amendment to a financing statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction DocumentDocument or make any tax or other filing. The Owner Trustee in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate Assets that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateAssets.
Appears in 2 contracts
Samples: Trust Agreement (Atlanticus Holdings Corp), Trust Agreement (Atlanticus Holdings Corp)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust or the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for any filing or recording, including filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee Trust Company nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity Trust Company that are not related to the ownership or the administration of the Trust EstateEstate or the transactions contemplated by the Transaction Documents.
Appears in 2 contracts
Samples: Trust Agreement (Household Consumer Loan Corp Ii), Household Affinity Funding Corp Iii
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust or the Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document direction or written instruction received by the Owner Trustee pursuant to Section 6.036.2; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation or termination statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee and the Bank nevertheless agrees agrees, each as to itself only, that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Bank or the Owner Trustee in its individual capacity Trustee, as the case may be, that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Owner Trustee's serving as owner trustee of the Trust.
Appears in 2 contracts
Samples: Trust Agreement (Money Store Commercial Mortgage Inc), Money Store Home Equity Corp
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust or the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided or permitted by the terms of this Agreement Agreement, or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for any filing or recording, including filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or to prepare or file any filing, including any Securities and Exchange Commission commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateEstate or the transactions contemplated by the Transaction Documents.
Appears in 1 contract
Samples: Trust Agreement (Sunterra Corp)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Underlying Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Underlying Trust is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Underlying Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Transaction Document against the Owner Underlying Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Underlying Trustee shall have no responsibility for filing any tax or securities law filing (except as prepared by and in accordance with the written direction of the Administrator) or any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any other Transaction Document. The Owner Trustee [ ] in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, [ ] or the Owner Underlying Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Estate.
Appears in 1 contract
Samples: Trust Agreement (Harley-Davidson Customer Funding Corp.)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, the Sub-Trust or the Sub-Trust Assets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement any Basic Document or any document otherwise contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement Agreement, any Basic Document to which the Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section section 6.03; and no . No implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.
Appears in 1 contract
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estateor the Trust Assets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing statement or continuation statement amendment thereto in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate Assets that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateAssets or the transactions contemplated by the Transaction Documents.
Appears in 1 contract
Samples: Trust Agreement (Cabela's Credit Card Master Note Trust)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust or the Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document direction or written instruction received by the Owner Trustee pursuant to Section 6.036.2; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation or termination statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee Bank nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity Bank that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Owner Trustee's serving as owner trustee of the Trust.
Appears in 1 contract
Samples: Money Store Home Equity Corp
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estateor the Trust Assets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for any filing or recording, including filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens (other than the Lien of the Indenture) on any part of the Trust Estate Assets that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateAssets or the transactions contemplated by the Transaction Documents.
Appears in 1 contract
Samples: Trust Agreement (Nordstrom Inc)
No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or -20- 25 obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any other Transaction Document, which shall be the responsibility of the Administrator pursuant to the Administration Agreement. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Estate.
Appears in 1 contract
Samples: Trust Agreement (Orix Credit Alliance Receivables Trust 1999-A)