Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or the Seller, and shall have no responsibility for filing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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (Chec Asset Receivables Corp), Pooling and Servicing Agreement (Chec Asset Receivables Corp), Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998-1)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, either of the Seller Sellers or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or either of the SellerSellers, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1997-3)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, Certificates or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller Sellers or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or the SellerSellers, and 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 or except as otherwise provided herein to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002-A), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002 B), Pooling and Servicing Agreement (Chec Funding LLC)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations made by the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, either of the Seller Sellers or the Servicer any Servicers in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest related Collection Account or the Certificate Account by the Depositor, the any Servicer or either of the SellerSellers, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 3 contracts
Samples: Master Servicing and Trust Agreement (Gs Mortgage Securities Corp Gsamp Trust 2004-Sea1), Trust and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2003-1), Trust and Servicing Agreement (Gs Mortgage Securities Corp)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Master Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Collection Account by the Depositor, the Master Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc), Pooling and Servicing Agreement (Block Mortgage Finance Asset Backed Certificates Ser 1997-2), Pooling and Servicing Agreement (Block Mortgage Finance Asset Backed Certificates Ser 1999 1)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the related Servicer or the Seller, and 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 or to prepare or file any tax returns (except as provided in Section 11.16) or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Armesco Residential Sec Corp Mort Loan Tr 1996-5), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1997-3)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller Seller, the Master Servicer or the Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and 128 Interest Account or the Certificate Account by the Depositor, the related Servicer, the Master Servicer or the Seller, and 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 or to prepare or file any tax returns (except as provided in Section 11.16) or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in 129 respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the related Servicer or the Seller, and 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 or to prepare or file any tax returns (except as provided in Section 11.16) or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1998-1)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Master Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Collection Account by the Depositor, the Master Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller Sellers or the Master Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Collection Account by the Depositor, the Master Servicer or the SellerSellers, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesGrantor Trustee, shall be taken as the statements of the Depositor, Depositor and the Grantor Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Grantor Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan the Trust Estate or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Grantor Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Loans or Class A-2 Fixed Certificates deposited into or withdrawn from the Principal and Interest Account or the Certificate Grantor Trust Account by the Depositor, the Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Grantor Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Grantor Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Grantor Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Grantor Trust Agreement (Contimortgage Home Equity Trust 1997-5)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Master Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Collection Account by the Depositor, the Master Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and 113 Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Block Mortgage Finance Asset Backed Certificates Ser 1998-1)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller Seller, the Sponsor or the Master Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Master Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.. 110
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998-3)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.. 109
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-1)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, the Certificate Insurance Policy or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Certificate Insurer, the Seller or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have 118 notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2000-A)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Master Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Collection Account by the Depositor, the Master Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.. 116
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc Asset Backed Cert Series 1998 2)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller Seller, the Master Servicer, the Special Servicer or the Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer, the Special Servicer, the Master Servicer or the Seller, and 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 or to prepare or file any tax returns (except as provided in Section 11.16) or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Amresco Residential Secs Corp Mort Loan Trust 1998-3)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.. 117
Appears in 1 contract
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, the Certificate Insurance Policy or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Certificate Insurer, the Seller or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or the Seller, and 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 or except as otherwise provided herein to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Centex Credit Corp Home Eq Ln Asset Backed Cert Ser 2000 B)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The 111 Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, either of the Seller Sellers or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or either of the SellerSellers, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1996-4)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, either of the Seller Sellers or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or either of the SellerSellers, and 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 112 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1997-2)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except the execution and authentication of the Certificates, shall be taken as the statements of the Depositor, and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication). The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, the Certificate Insurance Policies or any Home Equity Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Certificate Insurer, the Seller or the Servicer in respect of the Home Equity Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the Servicer or the Seller, and 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 or except as otherwise provided herein to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Asset Backed Certs Series 2001 A)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity 112 Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Account by the Depositor, the related Servicer or the Seller, and 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 or to prepare or file any tax returns (except as provided in Section 11.16) or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Custodial Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1997-2)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Master Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Collection Account by the Depositor, the Master Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.. 106
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc Asset Backed Cert Series 1999 2)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Collection Account by the Depositor, the Servicer or the SellerServicer, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust Fund or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesGrantor Trustee, shall be taken as the statements of the Depositor, Depositor and the Grantor Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Grantor Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Loan the Trust Estate or document related thereto other than as to validity and sufficiency of its authentication of the Certificates. The Grantor Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Loans or Class A-2 Internal Certificates deposited into or withdrawn from the Principal and Interest Account or the Certificate Grantor Trust Account by the Depositor, the Servicer or the Seller, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust or to record this Agreement. The Grantor Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Grantor Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Grantor Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)
Not Responsible for Recitals or Issuance of Certificates. The recitals and representations contained herein and in the Certificates, except any such recitals and representations relating to the execution and authentication of the CertificatesTrustee, shall be taken as the statements of the Depositor, Depositor and the Trustee assumes no responsibility for their correctness (other than with respect to such execution and authentication)correctness. The Trustee makes no representation as to the validity or sufficiency of this Agreement, of the Certificates, or any Home Equity Mortgage Loan or document related thereto other than as to the validity and sufficiency of its authentication of the Certificates. The Trustee shall not be accountable for the use or application by the Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Depositor, the Seller or the Servicer in respect of the Home Equity Mortgage Loans or deposited into or withdrawn from the Principal and Interest Account or the Certificate Collection Account by the Depositor, the Servicer or the SellerServicer, and 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 or to prepare or file any tax returns or Securities and Exchange Commission filings for the Trust Fund or to record this Agreement. The Trustee shall not be required to take notice or be deemed to have notice or knowledge of any default unless an Authorized Officer of the Trustee shall have received written notice thereof or an Authorized Officer has actual knowledge thereof. In the absence of receipt of such notice, the Trustee may conclusively assume that no default has occurred.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)