Common use of Owner Trustee Not Liable for Trust Certificates or Loans Clause in Contracts

Owner Trustee Not Liable for Trust Certificates or Loans. The recitals contained herein and in the Trust Certificates shall be taken as the statements of the Trust Depositor and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Trust Agreement, of any other Transaction Document or of the Trust Certificates (other than as to the due execution by the Owner Trustee of the Trust Certificates on behalf of the Trust) or the Notes, or of any Loan or related documents. The Owner Trustee shall at no time have any personal responsibility or liability for or with respect to the legality, validity and enforceability of any Loan, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this Trust Agreement or the Noteholders under the Indenture, including, without limitation: (a) the existence, condition and ownership of any collateral securing a Loan; (b) the existence and enforceability of any insurance thereon; (c) the validity of the assignment of any Loan to the Trust or of any intervening assignment; (d) the performance or enforcement of any Loan; and (e) the compliance by the Trust Depositor or the Servicer with any warranty or representation made under any Transaction Document or in any related document or the accuracy of any such warranty or representation, or any action of the Trust Depositor, the Trustee, the Administrator or the Servicer or any subservicer taken in the name of the Owner Trustee.

Owner Trustee Not Liable for Trust Certificates or Loans. The recitals contained herein and in the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) shall be taken as the statements of the Trust Depositor Depositors and the other Certificateholders, and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Trust Agreement, of any other Transaction Basic Document or of the Trust Certificates (other than as to the due execution by signature and countersignature of the Owner Trustee of on the Trust Certificates on behalf of the Trustand as specified in Section 7.3) or the Notes, or of any Loan Mortgage Loans or related documents. The Owner Trustee shall at no time have any personal 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 Owners under this Trust Agreement or the Noteholders under the IndentureAgreement, including, without limitation: (a) the existence, condition and ownership of any collateral securing a LoanCollateral; (b) the existence and enforceability of any insurance thereon; (c) 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; (d) the completeness of any Mortgage Loan; the performance or enforcement of any Mortgage Loan; and (e) the compliance by the Trust Depositor Depositors or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Trust DepositorAdministrator, the Trustee, the Administrator Depositors or the Servicer or any subservicer taken in the name of the Owner Trustee.

Owner Trustee Not Liable for Trust Certificates or Loans. The recitals contained herein and in the Trust Certificates (other than the signature and authentication of the Owner Trustee on the Trust Certificates) shall be taken as the statements of the Trust Depositor Representative and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations or warranties as to the validity or sufficiency of this Trust Agreement, of any other Transaction Basic Document or of the Trust Certificates (other than as to the due execution by signature and authentication of the Owner Trustee of on the Trust Certificates on behalf of the TrustCertificates) or the Series 1999-1 Notes, or of any Loan or related documents. The Owner Trustee shall at no time have any personal responsibility or liability for or with respect to the legality, validity and enforceability of any LoanNote, or the perfection and priority of any security interest created by any Loan in any Mortgaged Property 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 Trust Agreement or the Noteholders under the Indenture, including, without limitation: (a) the existence, condition and ownership of any collateral securing a LoanMortgaged Property; (b) the existence and enforceability of any insurance thereon; (c) the existence and contents of any Loan on any computer or other record thereof; the validity of the assignment of any Loan to the Trust or of any intervening assignment; (d) the completeness of any Loan; the performance or enforcement of any Loan; and (e) the compliance by the Trust Depositor Representative, or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Trust Depositor, the Trustee, the Administrator Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Owner Trustee Not Liable for Trust Certificates or Loans. The recitals contained herein and in the Trust Certificates (other than the signature and authentication of the Owner Trustee on the Trust Certificates) shall be taken as the statements of the Trust Depositor Representative and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations or warranties as to the validity or sufficiency of this Trust Agreement, of any other Transaction Basic Document or of the Trust Certificates (other than as to the due execution by signature and authentication of the Owner Trustee of on the Trust Certificates on behalf of the TrustCertificates) or the Series 1997-I Notes, or of any Loan or related documents. The Owner Trustee shall at no time have any personal responsibility or liability for or with respect to the legality, validity and enforceability of any LoanNote, or the perfection and priority of any security interest created by any Loan in any Mortgaged Property 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 Trust Agreement or the Noteholders under the Indenture, including, without limitation: (a) the existence, condition and ownership of any collateral securing a LoanMortgaged Property; (b) the existence and enforceability of any insurance thereon; (c) the existence and contents of any Loan on any computer or other record thereof; the validity of the assignment of any Loan to the Trust or of any intervening assignment; (d) the completeness of any Loan; the performance or enforcement of any Loan; and (e) the compliance by the Trust Depositor Representative, or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Trust Depositor, the Trustee, the Administrator Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Owner Trustee Not Liable for Trust Certificates or Loans. The recitals contained herein and in the Trust Certificates (other than the signature and authentication of the Owner Trustee on the Trust Certificates) shall be taken as the statements of the Trust Depositor Representative and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations or warranties as to the validity or sufficiency of this Trust Agreement, of any other Transaction Basic Document or of the Trust Certificates (other than as to the due execution by signature and authentication of the Owner Trustee of on the Trust Certificates on behalf of the TrustCertificates) or the Series 1998-I Notes, or of any Loan or related documents. The Owner Trustee shall at no time have any personal responsibility or liability for or with respect to the legality, validity and enforceability of any LoanNote, or the perfection and priority of any security interest created by any Loan in any Mortgaged Property 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 Trust Agreement or the Noteholders under the Indenture, including, without limitation: (a) the existence, condition and ownership of any collateral securing a LoanMortgaged Property; (b) the existence and enforceability of any insurance thereon; (c) the existence and contents of any Loan on any computer or other record thereof; the validity of the assignment of any Loan to the Trust or of any intervening assignment; (d) the completeness of any Loan; the performance or enforcement of any Loan; and (e) the compliance by the Trust Depositor Representative, or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Trust Depositor, the Trustee, the Administrator Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Owner Trustee Not Liable for Trust Certificates or Loans. The recitals contained herein and in the Trust Certificates (other than the signature and authentication of the Owner Trustee on the Trust Certificates) shall be taken as the statements of the Trust Depositor Representative and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations or warranties as to the validity or sufficiency of this Trust Agreement, of any other Transaction Basic Document or of the Trust Certificates (other than as to the due execution by signature and authentication of the Owner Trustee of on the Trust Certificates on behalf of the TrustCertificates) or the Series 1998-C Notes, or of any Loan or related documents. The Owner Trustee shall at no time have any personal responsibility or liability for or with respect to the legality, validity and enforceability of any LoanNote, or the perfection and priority of any security interest created by any Loan in any Mortgaged Property 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 Trust Agreement or the Noteholders under the Indenture, including, without limitation: (a) the existence, condition and ownership of any collateral securing a LoanMortgaged Property; (b) the existence and enforceability of any insurance thereon; (c) the existence and contents of any Loan on any computer or other record thereof; the validity of the assignment of any Loan to the Trust or of any intervening assignment; (d) the completeness of any Loan; the performance or enforcement of any Loan; and (e) the compliance by the Trust Depositor Representative, or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Trust Depositor, the Trustee, the Administrator Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Owner Trustee Not Liable for Trust Certificates or Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates Certificates) shall be taken as the statements of the Trust Depositor and the Companies, and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Trust Agreement, of any other Transaction Basic Document or of the Trust Certificates (other than as to the due execution by signature and countersignature of the Owner Trustee of on the Trust Certificates on behalf of the TrustCertificates) or the Notes, or of any Loan or related documents. The Owner Trustee shall at no time have any personal responsibility or liability for or with respect to the legality, validity and enforceability of any Loan, 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 Trust Agreement or the Noteholders under the Indenture, including, without limitation: (a) the existence, condition and ownership of any collateral property securing a Loan; (b) the existence and enforceability of any insurance thereon; (c) the validity of the assignment of any Loan to the Trust or of any intervening assignment; (d) the performance or enforcement of any Loan; and (e) the compliance by the Trust Depositor Depositor, the Companies or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Trust DepositorAdministrator, the Trustee, the Administrator Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Owner Trustee Not Liable for Trust Certificates or Loans. The recitals contained herein and in the Trust Certificates (other than the signature and authentication of the Owner Trustee on the Trust Certificates) shall be taken as the statements of the Trust Depositor Representative and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations or warranties as to the validity or sufficiency of this Trust Agreement, of any other Transaction Basic Document or of the Trust Certificates (other than as to the due execution by signature and authentication of the Owner Trustee of on the Trust Certificates on behalf of the TrustCertificates) or the Series 1997-II Notes, or of any Loan or related documents. The Owner Trustee shall at no time have any personal responsibility or liability for or with respect to the legality, validity and enforceability of any LoanNote, or the perfection and priority of any security interest created by any Loan in any Mortgaged Property 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 Trust Agreement or the Noteholders under the Indenture, including, without limitation: (a) the existence, condition and ownership of any collateral securing a LoanMortgaged Property; (b) the existence and enforceability of any insurance thereon; (c) the existence and contents of any Loan on any computer or other record thereof; the validity of the assignment of any Loan to the Trust or of any intervening assignment; (d) the completeness of any Loan; the performance or enforcement of any Loan; and (e) the compliance by the Trust Depositor Representative, or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Trust Depositor, the Trustee, the Administrator Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.