Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, the Master Servicer or any other Person with any warranty or representation made under any Operative Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer taken in the name of the Owner Trustee.
Appears in 3 contracts
Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A), Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Conduit Receivables Inc)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.3) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Mortgage Loan; Mortgaged Property, the existence and enforceability of any insurance thereon; , the existence and contents of any Mortgage Loan on any computer or other record thereof; , the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; , the completeness of any Mortgage Loan; , the performance or enforcement of any Mortgage Loan; , the compliance by the Sponsor, Depositor or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 3 contracts
Samples: Deposit Trust Agreement (Residential Asset Funding Corp), Deposit Trust Agreement (Prudential Securities Secured Financing Corp), Deposit Trust Agreement (Residential Asset Funding Corp)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 2 contracts
Samples: Trust Agreement (Greenpoint Home Equity Loan Trust 1999 2), Trust Agreement (Headlands Mortgage Securities Inc)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, the Master Servicer or any other Person with any warranty or representation made under any Operative Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-SubMaster Servicer taken in the name of the Owner Trustee.
Appears in 2 contracts
Samples: Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Advanta Revolving Home Equity Loan Trust 1998-A)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Operative Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage Loan; the existence and enforceability of any insurance thereon; the existence of, and contents of information with respect to, any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, the Master Servicer or any other Person with any warranty or representation made under any Operative Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer taken in the name of the Owner Trustee.the
Appears in 1 contract
Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 2000 A)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements statement of the Sponsor Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.03) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any the Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, Collateral or the perfection and priority of any security interest created by any Mortgage Loan Collateral or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage LoanCollateral; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan Collateral on any computer or other record thereof; the validity of the assignment of any Mortgage Loan Collateral to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage LoanCollateral; the compliance by the Sponsor, Depositor or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation representation, or any action of the Administrator, the Indenture Trustee or Trustee, the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative other Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.03 hereof) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Mortgage Loan; Mortgaged Property, the existence and enforceability of any insurance thereon; , the existence and contents of any Mortgage Loan on any computer or other record thereof; , the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; , the completeness of any Mortgage Loan; , the performance or enforcement of any Mortgage Loan; , the compliance by the Sponsor, Depositor or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Trust Agreement (American Business Financial Services Inc /De/)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements statement of the Sponsor Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.03) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any the Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, Collateral or the perfection and priority of any security interest created by any Mortgage Loan Collateral or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage LoanCollateral; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan Collateral on any computer or other record thereof; the validity of the assignment of any Mortgage Loan Collateral to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage LoanCollateral; the compliance by the Sponsor, the Master Servicer or any other Person Depositor with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation representation, or any action of the Administrator, the Indenture Trustee or the Master Servicer Trustee, or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Deposit Trust Agreement (Aegis Asset Backed Securities Corp)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Class C Notes), or of any Mortgage Loan or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Class C Noteholders under the Trust C Indenture, including, without limitation: the existence, condition and ownership of any Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust C or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, the Master Servicer or any other Person with any warranty or representation made under any Operative Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, the Master Servicer or any other Person with any warranty or representation made under any Operative Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer taken in the name of the Owner Trustee.or
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Seller and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the SponsorSeller, the Master Servicer or any other Person with any warranty or representation made under any Operative Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Company, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.3) or the Notes (other than the signature of the Owner Trustee on the Notes)Bonds, or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders Bondholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Mortgage Loan; Mortgaged Property, the existence and enforceability of any insurance thereon; , the existence and contents of any Mortgage Loan on any computer or other record thereof; , the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; , the completeness of any Mortgage Loan; , the performance or enforcement of any Mortgage Loan; , the compliance by the Sponsor, Company or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Deposit Trust Agreement (Fund America Investors Corp Ii)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Unaffiliated Seller, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative other Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.03 hereof) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Mortgage Loan; Mortgaged Property, the existence and enforceability of any insurance thereon; , the existence and contents of any Mortgage Loan on any computer or other record thereof; , the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; , the completeness of any Mortgage Loan; , the performance or enforcement of any Mortgage Loan; , the compliance by the Sponsor, Unaffiliated Seller or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.3) or the Notes (other than the signature of the Owner Trustee on the Notes)Bonds, or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders Bondholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage LoanMortgaged Property; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, Depositor or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Company, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Document or Basic Document, of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature Certificates and as specified in Section 7.3), of the Owner Trustee on the Notes)Bonds, or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity validity, and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders Bondholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Mortgage Loan; Mortgaged Property, the existence and enforceability of any insurance thereon; , the existence and contents of any Mortgage Loan on any computer or other record thereof; , the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; , the completeness of any Mortgage Loan; , the performance or enforcement of any Mortgage Loan; , the compliance by the Sponsor, Company or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation representation, or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Deposit Trust Agreement (Residential Resources Inc)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Mortgage Loan on any computer or other record thereof; the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, the Master Servicer or any other Person with any warranty or representation made under any Operative Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-SubMaster Servicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Trust Agreement (Advanta Mortgage Conduit Services Inc)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Company, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Document or Basic Document, of the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) or the Notes (other than the signature Certificates and as specified in Section 7.3), of the Owner Trustee on the Notes)Bonds, or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity validity, and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders Bondholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Mortgage Loan; Mortgaged Property, the existence and enforceability of any insurance thereon; , the existence and contents of any Mortgage Loan on any computer or other record thereof; , the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; , the completeness of any Mortgage Loan; , the performance or enforcement 50 of any Mortgage Loan; , the compliance by the Sponsor, Company or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation representation, or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Deposit Trust Agreement (Union Planters Mortgage Finance Corp)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Company, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.3) or the Notes (other than the signature of the Owner Trustee on the Notes)Bonds, or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders Bondholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Mortgage Loan; Mortgaged Property, the existence and enforceability of any insurance thereon; , the existence and contents of any Mortgage Loan on any computer or other record thereof; , the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; the compliance by the Sponsor, the Master Servicer or any other Person with any warranty or representation made under any Operative Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer taken in the name of the Owner Trustee.any
Appears in 1 contract
Samples: Deposit Trust Agreement (Fund America Investors Corp Ii)
Owner Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Sponsor Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Operative Basic Document or of the Certificates (other than the signature and countersignature of the Owner Trustee on the CertificatesCertificates and as specified in Section 7.03) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Mortgage Loan Loans or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage Loan, or the perfection and priority of any security interest created by any Mortgage Loan or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Mortgage Loan; Mortgaged Property, the existence and enforceability of any insurance thereon; , the existence and contents of any Mortgage Loan on any computer or other record thereof; , the validity of the assignment of any Mortgage Loan to the Trust or of any intervening assignment; , the completeness of any Mortgage Loan; , the performance or enforcement of any Mortgage Loan; , the compliance by the Sponsor, Depositor or the Master Servicer or any other Person with any warranty or representation made under any Operative Basic Document or in any related document or the accuracy of any such warranty or representation or any action of the Indenture Trustee or the Master Servicer or any Sub-Servicer subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Trust Agreement (Prudential Securities Secured Financing Corp)