Common use of No Duties Except as Specified under Specified Documents or in Instructions Clause in Contracts

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Agreement, and (ii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this Agreement; and no implied duties or obligations shall be read into this Agreement or any Operative Agreement against the Owner Trustee. 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 the Trust or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amended. The Owner Trustee nevertheless agrees that it 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 Bank that are not related to the ownership or the administration of the Trust Estate.

Appears in 11 contracts

Samples: Trust Agreement (Saxon Asset Securities Trust 2005-1), Trust Agreement (Saxon Asset Securities Trust 2005-3), Trust Agreement (Saxon Asset Securities Trust 2005-2)

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No Duties Except as Specified under Specified Documents 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 EstateFund, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (ia) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Agreement, and (iib) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 5.3; and no implied duties or obligations shall be read into this Agreement or any Operative Agreement against the Owner Trustee. 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 the Trust or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedTrust. The Owner Trustee nevertheless agrees that it 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 Fund that result from actions by, or claims against the Bank that are not related to the ownership or the administration of the Trust EstateFund.

Appears in 9 contracts

Samples: Owner Trust Agreement (First NLC Securitization, Inc.), Owner Trust Agreement (FBR Securitization, Inc.), Owner Trust Agreement (FBR Securitization Trust 2005-3)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided in accordance with (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Agreement, and (ii) in accordance with the Basic Documents and (iii) any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 4.03; and no implied duties or obligations shall be read into this Agreement or any Operative Agreement other Basic Document against the Owner Trustee. 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 Lien granted to the Trust it hereunder or to prepare or file any filing with the Securities and Exchange Commission filing for the Trust or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedother Basic Document. The Owner Trustee nevertheless agrees that it 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 against, the Bank Owner Trustee that are not related to the ownership or the administration of the Trust Estate.

Appears in 7 contracts

Samples: Trust Agreement (Irwin Home Equity Loan Trust 2005-1), Trustee Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-A), Trust Agreement (Bear Stearns Asset Backed Securities Inc)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (i) in accordance with the powers granted to and the authority conferred upon the required by this Owner Trustee pursuant to this Agreement, Trust Agreement and (ii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 4.03; and no implied duties or obligations shall be read into this Owner Trust Agreement or any Operative Agreement Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing to prepare or file 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 the Trust it hereunder or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Owner Trust Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedBasic Document. The Owner Trustee nevertheless agrees that it 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 against, the Bank 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: Owner Trust Agreement (Credit Suisse First Boston Mor Ac Corp CSFB Abs Tr 2002 Hi23), Owner Trust Agreement (DLJ Mortgage Acceptance Corp), Owner Trust Agreement (Nomura Asset Acceptance Corp)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Agreement, and (ii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 5.03; and no implied duties or obligations shall be read into this Agreement or any Operative Agreement Transaction Document against the Owner Trustee. 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 the Trust or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Operative Agreement Transaction Document or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedTrust. The Owner Trustee nevertheless agrees that it 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 Bank that are not related to the ownership or the administration of the Trust Estate.

Appears in 4 contracts

Samples: Trust Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2), Trust Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1), Trust Agreement (Indymac MBS Inc)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Agreement, and (ii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this Agreement; and no implied duties or obligations shall be read into this Agreement or any Operative Agreement against the Owner Trustee. 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 the Trust or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, as amended. The Owner Trustee nevertheless agrees that it 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 Bank that are not related to the ownership or the administration of the Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Sast 2006-3), Trust Agreement (Saxon Asset Securities Trust 2006-1)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Agreement, and (ii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this Agreement; and no implied duties or obligations shall be read into this Agreement or any Operative Agreement against the Owner Trustee. 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 the Trust or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedTrust. The Owner Trustee nevertheless agrees that it 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 Bank that are not related to the ownership or the administration of the Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2007-2), Trust Agreement (Thornburg Mortgage Securities Trust 2007-1)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (ia) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Trust Agreement, (b) in accordance with the Basic Documents and (iic) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 4.03; and no implied duties or obligations shall be read into this Trust Agreement or any Operative Agreement Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing (i) to file any financing or continuation statement in any public office at any time or time, (ii) to otherwise perfect or maintain the perfection of any security interest or lien granted to the it hereunder, (iii) to record this Trust Agreement or any Basic Document or (iv) to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or Trust, provided, that if necessary, the Owner Trustee will execute any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document documents required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedeffectuate such filings. The Owner Trustee nevertheless agrees that it 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 against, the Bank Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Owner Trust Agreement, (ii) in accordance with the Basic Documents and (iiiii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 4.03; and no implied duties or obligations shall be read into this Owner Trust Agreement or any Operative Agreement Basic Document against the Owner Trustee. 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 the Trust it hereunder or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Owner Trust Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedBasic Document. The Owner Trustee nevertheless agrees that it 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 against, the Bank Owner Trustee that are not related to the ownership or the administration of the Trust Estate.

Appears in 2 contracts

Samples: Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

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No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Trust Agreement, (ii) in accordance with the Basic Documents and (iiiii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 4.03; and no implied duties or obligations shall be read into this Trust Agreement or any Operative Agreement Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any filingany financing or continuation statement in any many public office at any time anytime or to otherwise perfect or maintain the perfection of any security interest or lien granted to the Trust it hereunder or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Trust Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedBasic Document. The Owner Trustee nevertheless agrees that it 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 against, the Bank Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Imh Assets Corp)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (ia) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Trust Agreement, (b) in accordance with the Basic Documents and (iic) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 4.03; and no implied duties or obligations shall be read into this Trust Agreement or any Operative Agreement Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing (i) to file any financing or continuation statement in any public office at any time or time, (ii) to otherwise perfect or maintain the perfection of any security interest or lien granted to the it hereunder, (iii) to record this Trust Agreement or any Basic Document or (iv) to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedTrust. The Owner Trustee nevertheless agrees that it 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 against, the Bank Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Merrill Lynch Mortgage Investors Inc)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided (i) in accordance with the powers granted duties expressly assigned to and the authority conferred upon the Owner Trustee pursuant to this Agreement, and (ii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this Agreement; and no implied duties or obligations shall be read into this Agreement or any Operative Agreement against the Owner Trustee. The Without limiting the generality of the foregoing, 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 the Trust or to prepare or file any Securities and Exchange Commission filing for the Trust (including but not limited to Section 13 and 15(d) of the Securities Exchange Act of 1934 and as may be required by the Sarbanes Oxley Act of 2002) or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedTrust. The Owner Trustee nevertheless agrees that it 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 Bank LNTD that are not related to the ownership or the administration of the Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (PHH Mortgage Trust, Series 2008-Cim1)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee is a party, except as expressly provided (ia) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Owner Trust Agreement, (b) in accordance with the Basic Documents and (iic) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this AgreementSection 4.03; and no implied duties or obligations shall be read into this Owner Trust Agreement or any Operative Agreement Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing (i) to file any financing or continuation statement in any public office at any time or time, (ii) to otherwise perfect or maintain the perfection of any security interest or lien granted to the it hereunder, (iii) to record this Owner Trust Agreement or any Basic Document or (iv) to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedTrust. The Owner Trustee nevertheless agrees that it 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 against, the Bank Owner Trustee that are not related to the ownership or the administration of the Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Salomon Br Mor Sec Vii Inc Series 1998-11)

No Duties Except as Specified under Specified Documents 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, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Agreement, and (ii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to this Agreement; and no implied duties or obligations shall be read into this Agreement or any Operative Agreement against the Owner Trustee. 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 the Trust or to prepare or file any Securities and Exchange Commission filing for the Trust (including but not limited to Section 13 and 15(d) of the Securities Exchange Act of 1934 and as may be required by the Sarbanes Oxley Act of 2002) or to record this Agreement or any Operative Agreement or to prepare or file any tax return for the Trust or to prepare, execute or file any document required to be delivered pursuant to the Xxxxxxxx-Xxxxx Act of 2002, as amendedTrust. The Owner Trustee nevertheless agrees that it 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 Bank that are not related to the ownership or the administration of the Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Thornburg Mortgage Securities Corp)

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